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THAMES v. COMMONWEALTH

365 Mass. 477 (1974)

312 N.E.2d 569

OLDEST THAMES vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

June 12, 1974.

Attorney(s) appearing for the Case

Malvine Nathanson for the petitioner.

Paul V. Buckley, Assistant District Attorney (Alvan Brody, Assistant District Attorney, with him) for the Commonwealth.

Present: TAURO, C.J., QUIRICO, BRAUCHER, & WILKINS, JJ.

WILKINS, J.

The petitioner argues exceptions to the dismissal by a single justice of his petition for extraordinary relief under G.L.c. 211, § 3.1 The petitioner contends that indictments charging him with rape and robbery should be dismissed because prosecution of those indictments would constitute double jeopardy in violation of the common law of this Commonwealth and of the Double Jeopardy Clause of the Fifth Amendment to the Constitution...

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