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LYDON v. COMMONWEALTH

381 Mass. 356 (1980)

409 N.E.2d 745

MICHAEL LYDON & another vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

August 22, 1980.

Attorney(s) appearing for the Case

Bonnie Spaccarelli Hannon (Eva S. Nilsen with her) for Michael Lydon.

Kenneth D'Arcy for Robert McDonald.

Michael J. Traft, Assistant District Attorney, for the Commonwealth.

Richard J. Hayes, William J. Leahy, Martin R. Rosenthal & Brownlow M. Speer, for the Massachusetts Defenders Committee, amicus curiae, submitted a brief.

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

WILKINS, J.

This petition for relief under the general superintendence powers of this court (G.L.c. 211, § 3) is one of three similar cases decided today that raise questions concerning the application of the principles of Burks v. United States, 437 U.S. 1 (1978), to criminal cases in which the accused has had a trial before a judge without a jury (a bench trial), and,...

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