Commonwealth v. Perry

The defendant, Cheryl L. Perry, was indicted by a grand jury for involuntary manslaughter, G. L. c. 265, §13, and illegal possession of a hypodermic needle, G. L. c. 94C, § 27. The defendant filed a motion to dismiss each charge on the ground, that the evidence presented to the grand jury was insufficient in regard to the two offenses. See Commonwealth v. McCarthy, 385 Mass. 160, 163 (1982). The motion was apparently allowed as to both charges. The Commonwealth appeals, claiming that the judge erred in finding that there was “not sufficient evidence that the de*128fendant engaged in wanton or…