COMMONWEALTH v. SMITH


404 Mass. 1 (1989)

532 N.E.2d 1207

COMMONWEALTH vs. DUANE R. SMITH (and three companion cases).

Supreme Judicial Court of Massachusetts, Suffolk.

January 17, 1989.


Attorney(s) appearing for the Case

Jane Larmon White, Committee for Public Counsel Services (John J. Connell with her) for the defendant.

David B. Mark, Assistant District Attorney, for the Commonwealth.

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


LIACOS, J.

The defendants challenge their convictions of armed robbery and assault and battery by means of a dangerous weapon.2 There were two trials. In the first trial, the defendants successfully moved for a mistrial after the prosecutor's opening statement to the jury. Prior to the second trial, motions to dismiss based on a claim of double jeopardy were denied. The defendants assert error, claiming that the second trial should have...

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