Massachusetts Appeals Court May 29, 1981 (Commonwealth v. Chase)

Grant, J.

The Commonwealth has appealed (G. L. c. 278, § 28E, as appearing in St. 1979, c. 344, § 45; Mass.R.Crim.P. 13[c] and 15[a][1], 378 Mass. 872, 882 [1979]) from an order entered by a judge sitting in the jury of six session of the Boston Municipal Court Department which allowed the defendant’s pretrial motion to dismiss a complaint charging him with a violation of G. L. c.