COMMONWEALTH v. DIAS


12 Mass. App. Ct. 282 (1981)

423 N.E.2d 803

COMMONWEALTH vs. MANUEL S. DIAS.

Appeals Court of Massachusetts, Bristol.

July 22, 1981.


Attorney(s) appearing for the Case

Steven P. Sabra for the defendant.

Phillip L. Weiner, Assistant District Attorney, for the Commonwealth.

Present: HALE, C.J., GRANT, & BROWN, JJ.


HALE, C.J.

This case comes before us on the Commonwealth's appeal from the dismissal of a complaint (no. 4146) on the ground of double jeopardy by a judge sitting in the six-man jury session of a District Court. On July 21, 1978, a complaint issued (no. 12980) charging the defendant with begetting an illegitimate child on or about the tenth day of August, 1977. At the conclusion of a trial held on February 5, 1979, the judge expressly found and stated on the record...

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