Commonwealth v. Gardner

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, admitted sufficient facts to warrant a finding of guilty *745on, inter alla, a charge of receiving stolen property.2 We agree that the subsequent prosecution is barred and affirm the…