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Commonwealth v. Balliro

Citations

  • 433 N.E.2d 434
  • 385 Mass. 618
  • 1982 Mass. LEXIS 1356

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • applying Rule 36; accord Commonwealth v. Fields, 371 Mass. 274, 282 (1976) (applying former G.L.c. 277, §72A, which was superseded by Rule 36
  • magistrate has “discretion in deciding whether probable cause exists warranting the commencement of a criminal proceeding” where “defendant was not under arrest” and case “involved an application for the issuance of process”
  • Commonwealth conceded that amendment was “of substance and not form” when, in a case involving complaints charging motor vehicle homicide and operation under the influence of alcohol, it tried to replace references to “intoxicating liquor” with “narcotics or depressants”
  • although the Commonwealth had known for several weeks that no charge based on the operation of a motor vehicle while under the influence of alcohol could be proved, it waited until the day of trial to correct the error

Source: CourtListener parenthetical corpus (CC0).

Judges: Hennessey, Wilkins, Liacos, Nolan, O'Connor

Read full opinion on CourtListener

Cited by

18 cases in this archive cite this case.

Cites

2 cases in this archive are cited by this case.

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