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COSTARELLI v. COMMONWEALTH

374 Mass. 677 (1978)

373 N.E.2d 1183

STEVEN COSTARELLI vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

March 21, 1978.

Attorney(s) appearing for the Case

Robert W. Hagopian for Steven Costarelli.

Michael J. Traft, Special Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., QUIRICO, KAPLAN, LIACOS, & ABRAMS, JJ.

QUIRICO, J.

This case is before us on a reservation and report by a single justice of this court. The question presented is whether the double jeopardy clause of the Fifth Amendment to the United States Constitution bars prosecution for the crime of using a motor vehicle without authority after the trial and dismissal of an earlier complaint charging the crime of larceny of the same vehicle. We hold that it does in the circumstances...

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