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COMMONWEALTH v. FRIEND

393 Mass. 310 (1984)

470 N.E.2d 788

COMMONWEALTH vs. ANTHONY FRIEND.

Supreme Judicial Court of Massachusetts, Suffolk.

October 5, 1984.

Attorney(s) appearing for the Case

David B. Mark, Assistant District Attorney (Kevin Connelly, Assistant District Attorney, with him) for the Commonwealth.

Milton L. Wright for the defendant.

Present: HENNESSEY, C.J., LIACOS, NOLAN, LYNCH, & O'CONNOR, JJ.

O'CONNOR, J.

This is an appeal by the Commonwealth from an order of a Superior Court judge allowing the defendant's motion to dismiss the indictments against him on the ground of prior jeopardy in the District Court. We conclude that the prior proceeding in the District Court was not a trial on the merits and that jeopardy had not attached. Therefore, we reverse the order of the Superior Court dismissing the indictments...

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