Commonwealth v. Murchison

The Commonwealth’s appeal in this case brings before us the issue whether it was error for a judge of the Boston Municipal Court to dismiss a criminal complaint, on the motion of the defendant, after the judge had allowed the defendant’s motion for a mistrial because of prosecutorial misconduct during the trial. We remand the case to the trial judge for further findings and rulings, in light of our holdings in Commonwealth v. Lam Hue To, 391 Mass. 301 (1984), which was decided on a date after the judge’s rulings in the instant case.

The defendant was tried before a jury of six in the Boston…