COMMONWEALTH v. DeFURIA


400 Mass. 485 (1987)

510 N.E.2d 264

COMMONWEALTH vs. ROBERT J. DeFURIA.

Supreme Judicial Court of Massachusetts, Norfolk.

July 13, 1987.


Attorney(s) appearing for the Case

Patricia A. O'Neill, Committee for Public Counsel Services, for the defendant.

Charles J. Hely, Assistant District Attorney, for the Commonwealth.

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


ABRAMS, J.

After a jury-waived trial, the defendant was convicted on ten indictments charging larceny of more than $100 and on ten indictments charging uttering a forged or altered instrument. G.L.c. 266, § 30 (1984 ed.). G.L.c. 267, § 5 (1984 ed.). The sole issue on appeal is whether, based on principles of double jeopardy, the District Court proceeding in this case bars the Superior Court trial. We transferred the case to this court on our own motion....

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