PICARD v. COMMONWEALTH


400 Mass. 115 (1987)

507 N.E.2d 1040

ALBERT PICARD vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

May 26, 1987.


Attorney(s) appearing for the Case

Janice A. Healy for the defendant.

J. Jeffrey Yelle, Assistant District Attorney, for the Commonwealth.

Present: WILKINS, LIACOS, ABRAMS, NOLAN, & O'CONNOR, JJ.


LIACOS, J.

The defendant, Albert Picard, was brought to trial before a jury on two indictments charging him with vehicular homicide. During cross-examination of the Commonwealth's first witness, the judge declared a mistrial. Prior to the second trial, the defendant filed a motion to dismiss both indictments on double jeopardy grounds. The motion was denied by the same judge who declared the mistrial. The defendant then petitioned this court for relief pursuant to...

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