Commonwealth v. Powell

In Commonwealth v. Cheney, 440 Mass. 568, 574 (2003) (Cheney), we concluded that “judicial power does not extend to authorize a judge to dismiss an otherwise legally adequate indictment, prior to verdict, finding, or plea [over the *321Commonwealth’s objection], in the ‘interests of public justice.’ ” Our ruling was based on the principle of separation of powers, set forth in art. 30 of the Massachusetts Declaration of Rights, that does not “permit judges to substitute their judgment as to whom and what crimes to prosecute, for the judgment of those who are constitutionally charged with that…