Commonwealth v. Xiarhos

The defendant was convicted after a jury trial on two indictments charging him with unlawful possession of heroin (G. L. c. 94, § 212, as appearing in St. 1958, c. 95, § 2) and on an indictment charging him with unlawful possession of heroin with intent to sell (G. L. c. 94, § 212A, as appearing in St. 1960, c. 204, § 1). The defendant took exception to the denial of motions (1) to dismiss the indictments for lack of a speedy trial; (2) to hold the trial under the provisions of G. L. c. 278, §§ 33A-33G; (3) for a directed verdict on one of the indictments returned under § 212; and (4) for a…