Commonwealth v. Joseph

When the Commonwealth’s witnesses, two State troopers, failed to appear for trial, the defendant moved to dismiss the complaint against him. The motion was allowed, and the District Court judge dismissed the complaint for lack of prosecution. Concluding that the dismissal was without prejudice and that the judge did not abuse his discretion, we affirm the order.

I. Background.

We relate the facts as they appear from the docket entries, the transcript, and the Commonwealth’s proposed findings of fact submitted in support of its motion to vacate the dismissal.1 *517The defendant was arrested and…