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BENSON v. SUPERIOR COURT DEPT. OF TRIAL COURT

No. 81-1162.

663 F.2d 355 (1981)

Albert B. BENSON and Viktor E. Benson, Petitioners, Appellants, v. SUPERIOR COURT DEPARTMENT OF the TRIAL COURT OF MASSACHUSETTS and Francis X. Bellotti, as he is Attorney General of the Commonwealth of Massachusetts, Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided November 9, 1981.

Attorney(s) appearing for the Case

John C. Martland, and Murray P. Reiser, Boston, Mass., with whom Jordan L. Ring, Ring & Rudnick, and Reiser & Rosenberg, Boston, Mass., were on brief, for appellants.

John J. Bonistalli, Sp. Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., Boston, Mass., and Stephen R. Delinsky, Asst. Atty. Gen. Needham, Mass., Chief, Criminal Bureau, were on brief, for appellees.

Before COFFIN, Chief Judge, VAN DUSEN, Senior Circuit Judge, BOWNES, Circuit Judge.

COFFIN, Chief Judge.

Appellants, previously acquitted of the charges of arson and breaking and entering with intent to commit arson, now face trial on the charge of conspiring to commit arson. They come before us claiming that the double jeopardy clause bars their prosecution for the crime of conspiracy, or, alternatively, that collateral estoppel, as embodied in the double jeopardy clause, limits the facts and issues that can be litigated during the trial on the...

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