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DONAVAN v. COMMONWEALTH

426 Mass. 13 (1997)

SCOTT B. DONAVAN v. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

October 21, 1997.

Attorney(s) appearing for the Case

Christopher S. Skinner, Committee for Public Counsel Services, for the defendant.

Judith Ellen Pietras, Assistant District Attorney, for the Commonwealth.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.

IRELAND, J.

Scott B. Donavan (defendant) appeals from a judgment of a single justice of this court denying him relief under G. L. c. 211, § 3. The defendant sought relief after a Superior Court judge denied his motion to dismiss the indictment. He contends that the indictment against him for aggravated rape, kidnapping, assault by means of a dangerous weapon, and assault and battery should be dismissed because retrial on those charges would amount to double jeopardy...

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