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4 Mass. App. Ct. 851

Commonwealth v. D'Alessio

Massachusetts Appeals Court

Decided November 17, 1976

Massachusetts Appeals Court · decided 1976-11-17

Relies on United States v. Mandujano · Attorney General v. Pelletier

Good law ✅— No negative treatment on recordhow we know

Decided 1976-11-17

How this case has been cited

Cited by 6 later decisions — most recently February 2014

5 state decisions

3019761980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1The denial of the defendant’s motion to dismiss the indictment returned against him was correct. There is no merit whatsoever to the defendant’s claim that that denial was erroneous on the ground that he “will be greatly embarrassed in his trial in that all of his witnesses were called for examination by the Grand Jury and he himself was called and compelled either to testify or claim his privilege.” There is nothing in the record to indicate that the prosecuting attorney overstepped his proper function before the grand jury. See generally Attorney Gen. v. Pelletier, 240 Mass. 264, 307-308 (1922). Furthermore, the recent case of United States v. Mandujano, 425 U.S. 564 (1976), on which the defendant places so much reliance, disposes of every other argument raised by him in his brief.

¶2Judgment affirmed.

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