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COMMONWEALTH v. CLEMMONS

370 Mass. 288 (1976)

346 N.E.2d 864

COMMONWEALTH vs. CHARLES CLEMMONS.

Supreme Judicial Court of Massachusetts, Suffolk.

May 13, 1976.

Attorney(s) appearing for the Case

Geoffrey C. Packard (John G. Landes with him) for the defendant.

D. Lloyd Macdonald, Assistant District Attorney, for the Commonwealth.

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

HENNESSEY, C.J.

In this appeal the defendant challenges his conviction in the Superior Court of possession of heroin on the ground that he had previously been put in jeopardy for the same offense in the Municipal Court of the City of Boston. His appeal is before this court under the provisions of G.L.c. 278, §§ 33A-33G. We sustain the defendant's contention and we order a judgment of not guilty to be entered.<...

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