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COMMONWEALTH v. GARDNER

No. 05-P-435.

67 Mass. App. Ct. 744 (2006)

COMMONWEALTH v. DONALD P. GARDNER, JR.

Appeals Court of Massachusetts, Plymouth.

November 16, 2006.

Attorney(s) appearing for the Case

Gail M. McKenna, Assistant District Attorney, for the Commonwealth.

Bruce L. Namenson for the defendant.

Present: Greenberg, Duffly, & Kafker, JJ.

DUFFLY, J.

This is the Commonwealth's appeal from a decision of a judge of the Superior Court dismissing an indictment brought against the defendant in Plymouth County for unarmed robbery (of a "pocketbook with contents") from a person sixty years or older, G. L. c. 265, § 19(a),1 on double jeopardy grounds: the defendant had, in an earlier proceeding in the Quincy Division of the District Court Department in Norfolk County...

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