369 Mass. 961 | Mass. | 1975
These are two matters reserved and reported without decision by a single justice, where the petitioners severally seek relief under G. L. c. 211, § 3. In the Searcy case there were applications for issuance of process against one Boston police officer for assault and battery with a dangerous weapon and against two Boston police officers for threats. A judge of the Municipal Court of the City of Boston declined to issue process. In the Whitley case the petitioner applied in the Municipal Court of the Dorchester District for issuance of process against one Boston police officer for assault and battery with a dangerous weapon, and against another for assault with a dangerous weapon. In this case, after conducting a hearing at which the petitioner, the officers and their witnesses were examined, the clerk of the court declined to issue process. A judge of the Municipal Court of the Dorchester District, while upholding the propriety of the procedures employed by the clerk, ordered a hearing to be held before him on the petitioner’s application but stayed proceedings pending this court’s disposition of the present petition. We have no inclination to invoke G. L. c. 211, § 3, in response to the peti-
Petitions dismissed.