Commonwealth v. Zannino

The Commonwealth appeals (Mass.R.Crim. P. 15[b], 378 Mass. 883 [1979]), from an order of the Superior Court which dismissed one of two indictments pending against the defendant. The Superior Court judge thought dismissal of the indictment was required because it was beyond his power to determine whether a District Court judge exceeded his authority in earlier ordering a complaint charging one of the same offenses “dismissed with prejudice.” We reverse and hold that such power exists. We further reach the merits of the District Court’s action and conclude that the District Court judge exceeded…