COMMONWEALTH v. BENSON


389 Mass. 473 (1983)

451 N.E.2d 118

COMMONWEALTH vs. ALBERT B. BENSON & another.

Supreme Judicial Court of Massachusetts, Suffolk.

June 15, 1983.


Attorney(s) appearing for the Case

Murray P. Reiser (Eric H. Karp with him) for Viktor E. Benson.

John C. Martland for Albert B. Benson.

Martin E. Levin, Assistant Attorney General, for the Commonwealth.

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


LIACOS, J.

On January 11, 1979, Albert and Viktor Benson were indicted for conspiracy to commit arson. On May 17, 1982, the defendants filed a motion in the Superior Court to dismiss the indictment. They alleged that, having been acquitted previously on the substantive charges of arson and of breaking and entering in the nighttime with the intent to commit arson, the doctrine of collateral estoppel bars the prosecution of the defendants for the crime of conspiracy...

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