Commonwealth v. Merry

This case is before us on a reservation and report from a single justice of this court. The defendant was convicted by a District Court jury of negligent vehicular homicide in violation of G. L. 90, § 24G (b).1 His motion for a new trial was allowed because the trial judge found that the Commonwealth *654failed to disclose material exculpatory evidence.2 The defendant asserts that the prohibition against double jeopardy bars his retrial because there was insufficient evidence at his original trial to establish that he was negligently operating the vehicle.3 In addition, the defendant claims that…