Commonwealth v. Auditore

The defendant in this case, like the defendant in Commonwealth v. Catalina, ante 779 (1990), was indicted for involuntary manslaughter under G. L. c. 265, § 13 (1988 ed.), predicated on his alleged unlawful distribution of heroin to the victim in violation of G. L. c. 94C, § 32 (1988 ed.). After denying the defendant’s motion to dismiss the manslaughter indictment, 1 the same judge involved in the Catalina case reported the same two questions for determination by the Appeals Court. Those questions once again are:

1. “Was the evidence presented to the Grand Jury sufficient to support an…