Rescript
The defendant, Frederick Pinney, is charged with murder in the first degree. After his first trial ended in a mistrial, he filed a motion to dismiss the indictment on the basis that a second trial would violate the guarantee against double jeopardy. A judge in the Superior Court denied the motion; a single justice of this court denied Pinney's G. L. c. 211, § 3, petition seeking review of that ruling; and we affirmed the single justice's judgment....
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