Commonwealth v. Rodriguez

This is an appeal by the Commonwealth from the ruling of a judge of the Superior Court allowing a motion that an indictment against the defendant be dismissed on the ground that he was denied his constitutional right to a speedy trial. See Mass. R. Crim. P. 15 (b) (1), 378 Mass. 883 (effective July 1, 1979). We conclude that, on the basis of the record before us, the action of the judge, though not required, was permitted and we therefore affirm the judgment of dismissal.

The parties stipulated in writing to most of the facts relating to the motion to dismiss the indictment, and we summarize…