MERCEDES v. COMMONWEALTH


405 Mass. 693 (1989)

544 N.E.2d 590

JESUS M. MERCEDES vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

October 12, 1989.


Attorney(s) appearing for the Case

Charles P. Ball for the plaintiff.

Katherine E. McMahon, Assistant District Attorney, for the Commonwealth.

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


NOLAN, J.

We affirm the action of a single justice of this court in denying the petition of Jesus M. Mercedes (defendant) for relief under G.L.c. 211, § 3 (1988 ed.). The two issues posed are: (1) Was the evidence of guilt sufficient as matter of law, and (2) do double jeopardy principles bar the retrial of the defendant?

1. Sufficiency of evidence. At the trial of the defendant on an indictment charging possession of cocaine with intent to distribute...

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