JONES v. COMMONWEALTH


7 Mass. App. Ct. 383 (1979)

387 N.E.2d 1187

HERMAN JONES vs. COMMONWEALTH.

Appeals Court of Massachusetts, Suffolk.

April 13, 1979.


Attorney(s) appearing for the Case

Willie J. Davis for Herman Jones.

Jeremiah P. Sullivan, Jr., Assistant District Attorney, for the Commonwealth.

Present: HALE, C.J., ROSE, & BROWN, JJ.


ROSE, J.

The question reported to us by the single justice for resolution in this case is whether the Commonwealth is barred by the double jeopardy clause of the Fifth Amendment to the Constitution of the United States from proceeding with the trial of Jones (hereinafter the defendant) on the criminal indictments at issue, or, alternatively, whether the record as a whole reveals that there was "manifest necessity" for the mistrial granted by the trial judge over the...

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