Legal Opinion

Commonwealth v. Preston

Massachusetts Appeals Court

Decided February 21, 1989No. 86-142PublishedCited by 7 opinions

1Opinion of the CourtArmstrong, J.

The defendant appeals from his second conviction of the murder (in the second degree) of Thea Pierce. After his first conviction, the trial judge granted a motion for a new trial. The Commonwealth appealed from that ruling without success. See Commonwealth v. Preston, 393 Mass. 318 (1984). The defendant then moved in the Superior Court for dismissal of the indictment on the ground that the evidence at his first trial had been insufficient to warrant conviction and that retrial would violate the Fifth Amendment prohibition against double jeopardy in the Federal Constitution. When that motion…

2Cases cited24 opinions

  1. Brinegar v. United StatesSupreme Court of the United States · 1949
  2. Beck v. OhioSupreme Court of the United States · 1964
  3. Commonwealth v. ChaseMassachusetts Supreme Judicial Court · 1977
  4. Commonwealth v. MaguireMassachusetts Supreme Judicial Court · 1984
  5. Commonwealth v. BondMassachusetts Supreme Judicial Court · 1978

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3Cited by7 opinions

  1. Commonwealth v. DrumgoldMassachusetts Supreme Judicial Court · 1996
  2. Commonwealth v. LittleMassachusetts Supreme Judicial Court · 2009
  3. Commonwealth v. CrouseMassachusetts Supreme Judicial Court · 2006
  4. Commonwealth v. ChartierMassachusetts Appeals Court · 1997
  5. Commonwealth v. BrownMassachusetts Supreme Judicial Court · 2008

2 more not listed; retrieve them via the Exa API.

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