421 Mass. 1003 | Mass. | 1995
David Locks filed a motion to dismiss a criminal complaint pending against him in the West Roxbury Division of the District Court Department. See Mass. R. Crim. P. 13 (c) (1), 378 Mass. 871 (1979). The motion to dismiss was denied. Locks then sought relief from the denial of his motion to dismiss pursuant to G. L. c. 211, § 3 (1994 ed.). After hearing, a single justice of this court denied Locks’s request for relief. “A denial of a motion to dismiss pursuant to Mass. R. Crim. P. 13 (c) (1) . . . may not be appealed until after trial, and relief under G. L. c. 211, § 3, is not available as a matter of right.” Epps v. Commonwealth, 419 Mass. 97, 99
Judgment affirmed.