Commonwealth v. Nettis
Massachusetts Supreme Judicial Court
1Opinion of the CourtNolan, J.
This case requires us to consider whether a single justice of this court improperly denied the Commonwealth’s petition for relief where the trial judge declared a mistrial after the verdict had been affirmed and recorded because the jury had not agreed unanimously to the verdict in open court. There was no error in the single justice’s denial of the Commonwealth’s petition for relief because the judge committed no error in polling the jury and in subsequently declaring a mistrial.
We note the following facts. The defendant was tried, along with a codefendant, before a jury of twelve persons in…
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