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COMMONWEALTH v. REINSTEIN

381 Mass. 555 (1980)

409 N.E.2d 1307

COMMONWEALTH vs. WILLIAM G. REINSTEIN.

Supreme Judicial Court of Massachusetts, Suffolk.

September 9, 1980.

Attorney(s) appearing for the Case

Richard B. Michaud for the defendant.

Roger A. Emanuelson, Special Assistant District Attorney (Margaret A. Corrigan, Assistant District Attorney, with him) for the Commonwealth.

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

WILKINS, J.

Following the declaration of a mistrial in a proceeding involving charges of conspiracy and perjury, the defendant, a former mayor of the city of Revere, moved to dismiss the indictments, asserting that a retrial would violate his rights under the double jeopardy clause of the Fifth Amendment to the Constitution of the United States. The trial judge denied that motion and reported to the Appeals Court the propriety of his action.1

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