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SULLIVAN v. COMMONWEALTH

383 Mass. 410 (1981)

419 N.E.2d 846

DOUGLAS P. SULLIVAN vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

April 21, 1981.

Attorney(s) appearing for the Case

Charles A. Murray, III, for the plaintiff.

Bruce Bendiksen, Special Assistant District Attorney (Philip L. Weiner with him) for the Commonwealth.

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

ABRAMS, J.

Following a declaration of a mistrial in his trial under G.L.c. 273, § 111 (paternity of an illegitimate child), Sullivan (the defendant) moved to dismiss the complaint against him on the ground that a new trial would place him twice in jeopardy for the same offense, in violation of the Fifth Amendment to the United States Constitution and the common law of Massachusetts. That motion

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