BARTON v. COMMONWEALTH


11 Mass. App. Ct. 688 (1981)

418 N.E.2d 1282

EDWARD R. BARTON, JR. vs. COMMONWEALTH.

Appeals Court of Massachusetts, Suffolk.

April 15, 1981.


Attorney(s) appearing for the Case

Walter B. Prince for Edward R. Barton, Jr.

Timothy P. O'Neill, Assistant District Attorney, for the Commonwealth.

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


GREANEY, J.

A single justice of this court has reported the question whether the Commonwealth is barred by the double jeopardy clause of the Fifth Amendment to the Federal Constitution from retrying Edward R. Barton, Jr. (hereinafter the defendant), on two felony indictments after his initial trial terminated in a mistrial. We conclude that there was no "manifest necessity" for the declaration of a mistrial and, ...

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