Massachusetts Appeals Court October 14, 1981 (Commonwealth v. Hanley)

Dreben, J.

After his trial and conviction in the Waltham District Court on two complaints of assault, the defendant claimed an appeal to a jury of six session, see G. L. c. 218, § 27A (c). Prior to trial in that session, he moved to dismiss the complaints on the ground that the procedure set forth in G. L. c. 276, § 22, had not been followed.