Commonwealth v. Gallo

Following the decision in Gallo v. Commonwealth, 343 Mass. 397, which reversed the conviction of the defendant and remanded the cases for further proceedings, the indictments were set down for trial in the Superior Court. The defendant entered pleas of autrefois acquit and autrefois convict, and moved that the indictments be dismissed on the ground that any further trial would place him in jeopardy for the second time. See G. L. (Ter. Ed.) c. 263, §§ 7, 8; Commonwealth v. DiStasio, 297 Mass. 347, 352-355; Commonwealth v. Azer, 308 Mass. 153, 155-157; Commonwealth v. Burke, 342 Mass. 144,…