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COMMONWEALTH v. A JUVENILE (NO. 2)

370 Mass. 677 (1976)

351 N.E.2d 521

COMMONWEALTH vs. A JUVENILE (NO. 2).

Supreme Judicial Court of Massachusetts, Suffolk.

July 15, 1976.

Attorney(s) appearing for the Case

William P. Homans, Jr. (Russell K. Dunning with him) for the defendant.

Joseph I. Mullingan, Jr., Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., REARDON, QUIRICO, BRAUCHER, & KAPLAN, JJ.

HENNESSEY, C.J.

In this case, we again confront a question that arises in the wake of the United States Supreme Court's decision in Breed v. Jones, 421 U.S. 519 (1975),1 which held that the prosecution of a defendant in the Superior Court, after an adjudicatory proceeding in a Juvenile Court, constitutes double jeopardy in violation of the Fifth Amendment...

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