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In Commonwealth vs. Randolph Lewis, Ds were indicted on September 8, 1978, for the murder of Richard Poleet, death having occurred on May 30, 1978, as a result of Ds’ assault upon him on April 19, 1976. (Two of the defendants had been found guilty on May 4, 1977, of other crimes arising from the same incident.) In the consolidated case, Commonwealth vs. Lanier W. Phillips, Jr., the assault occurred on October 22, 1977; the victim, Daniel Mark Duffault, died on April 27, 1979, and an indictment for murder was handed up on June 13, 1979. Ds moved to dismiss the indictments. Judges of the Superior Court rendered reports which inquired, in effect, whether the prosecutions might lawfully be maintained. This appeal was taken under this consolidated case.

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