Couto v. Commonwealth

After a bench trial in a District Court, the defendant was found guilty of unlawful discharge of a firearm and assault and battery by means of a dangerous weapon. During a trial de novo before a jury, a District Court judge declared a mistrial over the defendant’s objection and scheduled a new trial. The defendant’s motion to dismiss the complaints on the ground of double jeopardy was denied. The Supreme Judicial Court allowed the defendant’s appeal on a petition under G. L. c. 211, § 3, and transferred the case to this court.

1. “The issue is whether, jeopardy having attached [see…