Ray v. Commonwealth

Michael Ray (defendant) was tried before a jury in the Superior Court. After the jury indicated that they were unable to reach a verdict, the judge declared a mistrial. Prior to retrial, the defendant filed a motion to dismiss the indictments against him on double jeopardy grounds. The trial judge (the same judge as at his first trial) denied that motion, finding that the prior declaration of mistrial was justified by manifest necessity. The defendant sought interlocutory relief before a single justice in the county court. See G. L. c. 211, § 3. The single justice reserved and reported the…