Commonwealth v. Perella

Summary

The Massachusetts Supreme Judicial Court held that, under G. L. c. 277, § 63, an indictment for armed robbery must be found and filed within the ten-year statute of limitations. The filing of a criminal complaint within that period does not toll the limitations period when the indictment is returned after it has expired, so the court affirmed dismissal of the indictment.

Holdings

1. For armed robbery under G. L. c. 265, § 17, G. L. c. 277, § 63, requires that an indictment be found and filed within ten years after the offense. Filing a criminal complaint within that period, followed by the filing of an indictment after the period has expired, does not timely commence the criminal proceeding.
2. The catch-all provision in the sixth sentence of § 63 may sensibly be read to apply to criminal complaints as well as indictments, because otherwise offenses within the District Court's concurrent jurisdiction could lack a statute of limitations.
3. G. L. c. 277, § 79, does not authorize substituting 'complaint' for 'indictment' whenever the latter word appears in § 63.

Questions Presented

1. Whether the filing of a criminal complaint within the ten-year period tolls the statute of limitations for armed robbery when the indictment is returned and filed after that period.
2. Whether G. L. c. 277, § 79, permits the word 'complaint' to be substituted for 'indictment' throughout G. L. c. 277, § 63.
3. Whether the catch-all limitations provision in the sixth sentence of G. L. c. 277, § 63, applies to criminal complaints as well as indictments.

Disposition

affirmed