COMMONWEALTH v. HRYCENKO


417 Mass. 309 (1994)

630 N.E.2d 258

COMMONWEALTH vs. PETER HRYCENKO.

Supreme Judicial Court of Massachusetts, Norfolk.

March 14, 1994.


Attorney(s) appearing for the Case

Robert L. Sheketoff for the defendant.

Robert C. Cosgrove, Assistant District Attorney, for the Commonwealth.

Present: WILKINS, ABRAMS, NOLAN, & GREANEY, JJ.


NOLAN, J.

Today we decide whether the double jeopardy clause of the Fifth Amendment to the United States Constitution and the corresponding protections against double jeopardy provided by State law bar retrial after conviction on one indictment is reversed, where the wording of the indictment is identical to the wording of another indictment on which the defendant was acquitted, and the defendant has shown that it cannot be determined on which alleged offense the...

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