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COMMONWEALTH v. NORMAN

No. 88-P-266.

27 Mass. App. Ct. 82 (1989)

534 N.E.2d 816

COMMONWEALTH vs. ANDRE NORMAN.

Appeals Court of Massachusetts, Essex.

March 6, 1989.

Attorney(s) appearing for the Case

Janis M. Berry for the defendant.

S. Jane Haggerty, Assistant District Attorney, for the Commonwealth.

Present: BROWN, KAPLAN, & KASS, JJ.

KASS, J.

In Brown v. Ohio, 432 U.S. 161, 169 (1977), the Supreme Court held that, "Whatever the sequence may be, the [double jeopardy clause of the] Fifth Amendment forbids successive prosecution and cumulative punishment for a greater and lesser included offense."

1. The problem. We are to decide whether the Brown v. Ohio decision renders...

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