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COMMONWEALTH v. DENSON

16 Mass. App. Ct. 678 (1983)

454 N.E.2d 1283

COMMONWEALTH vs. MacARTHUR DENSON.

Appeals Court of Massachusetts, Hampden.

September 30, 1983.

Attorney(s) appearing for the Case

Patricia A. O'Neill for the defendant.

William T. Walsh, Jr., Assistant District Attorney, for the Commonwealth.

Present: BROWN, ROSE, & SMITH, JJ.

ROSE, J.

The defendant was indicted for aggravated rape and assault and battery by means of a dangerous weapon. The defendant's first trial ended in a declaration of mistrial over the defendant's objection. On retrial the defendant was convicted of both offenses. The defendant assigns as error: (1) the denial of his motion to dismiss the indictments on the ground that the double jeopardy clause barred his retrial...

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