Commonwealth v. Perry P.

We conclude that a juvenile charged in a complaint with being delinquent by reason of murder is entitled to an indictment proceeding unless the juvenile waives indictment. We conclude further that the juvenile in this proceed*809ing had not waived that right when he raised the issue for the first time in a motion to dismiss filed at the conclusion of the Commonwealth’s presentation of evidence. We discuss briefly what steps the Commonwealth may now take in charging the juvenile with delinquency by reason of murder.

In June, 1992, a complaint issued from the juvenile session of the Roxbury District…