Ross v. Commonwealth

Massachusetts Supreme Judicial Court

Ross v. Commonwealth

648 N.E.2d 439, 420 Mass. 1001, 1995 Mass. LEXIS 143

CourtMassachusetts Supreme Judicial Court

DecidedApril 18, 1995

StatusPublished

Cited by1 cases

This text of 648 N.E.2d 439 (Ross v. Commonwealth) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ross v. Commonwealth, 648 N.E.2d 439, 420 Mass. 1001, 1995 Mass. LEXIS 143 (Mass. 1995).

Pincite

Opinion

Ross was arrested for violations of G. L. c. 269, §§ 10 (a) and 10 (h) (1992 ed.). During the discovery period, the prosecutor learned that the more serious crime, violation of G. L. c. 269, § 10 (a), was not included in the complaint. The prosecutor sought and obtained a new complaint which charged a violation of G. L. c. 269, § 10 (a). Ross seeks to dismiss the new complaint claiming that the prosecutor cannot obtain a new complaint. There is no merit to and no authority for Ross’s contention that, prior to trial, the prosecutor could not seek a new complaint with a new charge. The cases relied on by Ross are inapposite. Those cases involve amending a grand jury indictment so as to charge a new crime without a return to the grand jury. That principle is inapplicable to complaints. There was no error.

Judgment affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Ross was arrested for violations of G. L. c. 269, §§ 10 (a) and 10 (h) (1992 ed.). During the discovery period, the prosecutor learned that the more serious crime, violation of G. L. c. 269, § 10 (a), was not included in the complaint. The prosecutor sought and obtained a new complaint which charged a violation of G. L. c. 269, § 10 (a). Ross seeks to dismiss the new complaint claiming that the prosecutor cannot obtain a new complaint. There is no merit to and no authority for Ross’s contention that, prior to trial, the prosecutor could not seek a new complaint with a new charge. The cases relied on by Ross are inapposite. Those cases involve amending a grand jury indictment so as to charge a new crime without a return to the grand jury. That principle is inapplicable to complaints. There was no error.

Judgment affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

648 N.E.2d 439, 420 Mass. 1001, 1995 Mass. LEXIS 143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ross-v-commonwealth-mass-1995.

Opinion

Related

Cite This Page — Counsel Stack