Commonwealth v. Perkins

(concurring, with whom Spina, J., joins). I agree with the court that the “important purpose” of the probable cause hearing described in G. L. c. 276, § 38 (§ 38), is “to prevent the defendant from being held for trial on a groundless or unmeritorious charge” by providing a judicial determination of probable cause.* 1 Ante at 103, citing Corey v. Commonwealth, 364 Mass. 137, 141 (1973), and Myers v. Commonwealth, 363 Mass. 843, 847 (1973) (Myers). I also agree with the court that, under our existing jurisprudence, this so-called probable cause hearing requires the Commonwealth to prove more…