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JONES v. COMMONWEALTH

379 Mass. 607 (1980)

400 N.E.2d 242

HERMAN JONES vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

January 24, 1980.

Attorney(s) appearing for the Case

Willie J. Davis for the plaintiff.

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

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

ABRAMS, J.

We granted Herman Jones's request for further appellate review1 to consider in what circumstances a defendant, whose trial has been interrupted by a mistrial over his objection, may be retried consistent with the guaranties against double jeopardy provided by the law of this Commonwealth and the Fifth Amendment to the Federal Constitution. See Thames v. Commonwealth, 365 Mass. 477

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