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COMMONWEALTH v. KOONCE

418 Mass. 367 (1994)

636 N.E.2d 1305

COMMONWEALTH vs. THOMAS KOONCE.

Supreme Judicial Court of Massachusetts, Bristol.

July 15, 1994.

Attorney(s) appearing for the Case

Stephen Hrones for the defendant.

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

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

LYNCH, J.

This appeal arises out of the defendant's retrial on an indictment charging murder in the first degree. A mistrial was declared after the jury were "unable to reach a unanimous decision" on the issue of self-defense, and we affirmed the decision of a single justice denying the defendant's petition under G.L.c. 211, § 3 (1992 ed.), that the indictment be dismissed based on common law double jeopardy grounds. Koonce v. Commonwealth,

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