BARTON v. COMMONWEALTH.


385 Mass. 517 (1982)

432 N.E.2d 524

EDWARD R. BARTON, JR. vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

March 5, 1982.


Attorney(s) appearing for the Case

Walter B. Prince for the defendant.

David B. Mark, Legal Assistant to the District Attorney (Michael J. Traft, Assistant District Attorney, with him) for the Commonwealth.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.


NOLAN, J.

This case is before us on the allowance of the Commonwealth's application for further appellate review following a decision by the Appeals Court that the Commonwealth is barred by the double jeopardy clause of the Fifth Amendment to the United States Constitution from retrying Edward R. Barton, Jr. (the defendant) on two felony indictments after his initial trial ended in a mistrial. Barton v. Commonwealth...

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