Commonwealth v. McGovern

A grand jury indicted the defendant for breaking and entering in the daytime a parking lot booth owned by the Massachusetts Bay Transportation Authority (MBTA) “with intent to steal therein money or other property” belonging to the MBTA. G. L. c. 266, § 18 (1984 ed.). The defendant also was indicted for wilful and malicious destruction of property valued in excess of $100. G. L. c. 266, § 127 (1984 ed.). The defendant moved for dismissal of those indictments on the ground of prosecutorial vindictiveness. That motion was denied, and a judge without a jury thereafter found the defendant guilty…