Low v. Commonwealth

Opinion

BENTON, J.

The sole question raised in this appeal is whether the prosecution of Peter Miles Christian Low for robbery following a conviction in general district court for assault and battery was barred under principles of double jeopardy. We conclude that double jeopardy barred the subsequent prosecution, and we reverse the conviction.

Low was convicted in a bench trial for robbing a pizza delivery driver. The evidence showed that Low and an accomplice ordered a pizza and requested that delivery be made to a sporting goods store. The driver testified that when he arrived at the store,…