Commonwealth v. Donovan

This is an appeal by the Commonwealth under G. L. c. 278, § 28E, from the dismissal of an indictment charging the defendant with breaking and entering into a building in the nighttime with intent to commit larceny, and larceny. The defendant’s motion to dismiss was allowed (by the motion judge) on double jeopardy grounds on June 22, 1978, when the case was called for trial in the Superior Court for the second time. Trial of the case had originally begun on April 6, 1978, before a different judge (the trial judge). During that day the jury were empanelled, both parties made openings, and the…