McDonald v. Commonwealth

Jay McDonald appeals from a judgment of a single justice of this court denying his petition for relief under G. L. c. 211, § 3, in which he challenged the denial of his motion to dismiss a criminal complaint. We affirm.

In February, 2005, a complaint (first complaint) issued from the District Court, charging McDonald with operating while under the influence of alcohol, fifth offense, and other offenses, and McDonald was arraigned on those charges. On the day of the jury-waived trial, a necessary witness for the Commonwealth failed to appear, although he or she had been summonsed. The trial…