Commonwealth v. Balliro

The Commonwealth appeals from the allowance by a Superior Court judge of a motion to dismiss indictments charging the defendant with motor vehicle homicide; driving under the influence of narcotics, depressants, or stimulant drugs; and driving so as to endanger. The judge allowed the motion on the ground that, because a District Court judge had earlier dismissed substantially the same charges, prosecution of the indictments was barred. We affirm the allowance of the motion to dismiss the indictments.

The procedural background starts on July 22, 1980, with the issuance of process on two…