Home COMMONWEALTH vs. GARRETT GALLO (and three companion cases [Note 1]).

359 Mass. 338

January 5, 1971 - April 20, 1971

Middlesex County


Judgments dismissing indictments after continuances without findings and before trial and subject to claims of appeal by the Commonwealth were vacated by this court and the cases remanded for further proceedings indicated in Commonwealth v. Brandano, ante, 332.

FOUR INDICTMENTS found and returned in the Superior Court on June 7, 1968.

Motions to continue were allowed by Sullivan, J., and the indictments were dismissed by Hale, J.

Terence M. Troyer, Assistant District Attorney, for the Commonwealth, submitted a brief.

TAURO, C.J. In June of 1968 the defendants, Garrett Gallo and James H. McGaffigan, were indicted under G. L. c. 266, Section 28, for receiving a stolen motor vehicle, knowing the vehicle to have been stolen. Both defendants were also indicted under G. L. c. 266, Section 139, for altering the identifying number of a motor vehicle with intent to conceal the identity of that motor vehicle.

On November 1, 1968, upon the defendants' motions their cases were continued for one year without a finding under the supervision of the probation department. Each motion was supported by an affidavit. The judge certified "that the cause relied on exists and that the interests of public justice require the allowance [of the motions]." The Commonwealth claimed an appeal. In October of

Page 339

1969, the indictments against each defendant were dismissed by another judge and the Commonwealth appealed.

These cases are governed by our decision in Commonwealth v. Brandano, ante, 332. [Note 2]

The judgments are vacated and the cases are remanded for further proceedings consistent with the opinion in Commonwealth v. Brandano, ante, 332.

So ordered.


[Note 1] Of the companion cases one is against Garrett Gallo and two are against James H. McGaffigan.

[Note 2] It should be noted that the two indictments under G. L. c. 266, Section 139 (altering identifying numbers of a motor vehicle), are not covered by G. L. (Ter. Ed.) c. 266, Section 29. These indictments are, nevertheless, controlled by the Brandano case.