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LOVETT v. COMMONWEALTH

393 Mass. 444 (1984)

472 N.E.2d 236

EDWARD J. LOVETT, JR. vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Hampshire.

December 10, 1984.

Attorney(s) appearing for the Case

William C. Newman (Wendy Sibbison with him) for the defendant.

Charles K. Stephenson, Assistant District Attorney, for the Commonwealth.

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

ABRAMS, J.

The defendant appeals from a determination by a District Court judge sitting in the jury-of-six session that there was manifest necessity for a mistrial based on defense counsel's opening. She therefore allowed the Commonwealth's motion for a mistrial.1 On appeal, the defendant based his assertion that the judge erred when she found manifest necessity for a mistrial over the defendant...

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