COMMONWEALTH v. DONOVAN


8 Mass. App. Ct. 313 (1979)

393 N.E.2d 433

COMMONWEALTH vs. FRANCIS X. DONOVAN.

Appeals Court of Massachusetts, Norfolk.

August 31, 1979.


Attorney(s) appearing for the Case

Calvin C. Carr, Assistant District Attorney (Charles J. Hely, Assistant District Attorney, with him) for the Commonwealth.

George G. Burke (George F. Murphy with him) for the defendant.

Present: KEVILLE, GOODMAN, & GREANEY, JJ.


GOODMAN, J.

This is an appeal by the Commonwealth under G.L.c. 278, § 28E, from the dismissal of an indictment charging the defendant with breaking and entering into a building in the nighttime with intent to commit larceny, and larceny.1 The defendant's motion to dismiss was allowed (by the motion judge) on double jeopardy grounds on June 22, 1978, when the case was called for trial in the Superior Court for the second time. Trial...

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