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A JUVENILE v. COMMONWEALTH (NO. 2)

381 Mass. 379 (1980)

409 N.E.2d 755

A JUVENILE vs. COMMONWEALTH (No. 2).

Supreme Judicial Court of Massachusetts, Suffolk.

August 22, 1980.

Attorney(s) appearing for the Case

Anthony M. Doniger for the petitioner.

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 is the third of three cases decided today concerning the possible application of double jeopardy principles expressed in Burks v. United States, 437 U.S. 1 (1978), to the two-tier trial system used for the disposition of criminal and juvenile cases in the District, Municipal, and Juvenile Courts in the Commonwealth.

Here, we are concerned with delinquency proceedings against a juvenile that were...

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