Commonwealth v. Perkins

This case raises the question whether a defendant who is charged initially by complaint with murder in the first degree is entitled to a preliminary or probable cause hearing in the District Court1 pursuant to the provisions of G. L. c. 276, § 38 (§ 38), and, if so, when the probable cause hearing *93described in § 38 must be held.2 We conclude that § 38 is applicable to such a defendant and provides the defendant with the right to a probable cause hearing as soon as practicable in the circumstances. For the reasons we shall discuss, we decline to adopt a bright-line rule that would require the…