COMMONWEALTH v. CASSIDY


410 Mass. 174 (1991)

571 N.E.2d 383

COMMONWEALTH vs. STEPHEN P. CASSIDY.

Supreme Judicial Court of Massachusetts, Hampshire.

May 16, 1991.


Attorney(s) appearing for the Case

S. Thomas Martinelli for the defendant.

Ariane D. Vuono, Assistant District Attorney, for the Commonwealth.

Present: LIACOS, C.J., ABRAMS, NOLAN, LYNCH, & GREANEY, JJ.


NOLAN, J.

The defendant in this case, Stephen P. Cassidy, was indicted for rape. He was first tried in October of 1989. After four days of testimony and approximately one full day of deliberations, the judge declared a mistrial, thus ending the first proceeding. Cassidy thereafter filed a motion to dismiss the indictment on the ground that further proceedings would violate the double jeopardy clause of the Fifth Amendment to the United States Constitution. The motion...

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