CORSETTI v. COMMONWEALTH, 381 Mass. 778 (1980)

411 N.E.2d 466

Supreme Judicial Court of Massachusetts.
October 15, 1980.

The Commonwealth has filed a motion to expand the record to include the fact that the grand jury with which we are concerned is no longer in service. G.L.c. 277, § 1. We allow the motion. Thus the dispute between the parties as to whether Corsetti must appear before the grand jury to testify is moot. See generally Blake
v. Massachusetts Parole Bd., 369 Mass. 701, 708 (1976). The matter is to be remanded to the Superior Court for such further proceedings as now may be required.

So ordered.

Thomas C. Troy (Michael Riley with him) for the plaintiff.

William L. Pardee, Assistant District Attorney (Edward Gargiulo with him) for the Commonwealth.

Gerald May, Sr., for The Hearst Corporation, amicus curiae, submitted a brief.