Elder v. Commonwealth

Sylvester Elder (hereinafter referred to as the defendant) was charged with four counts of statutory rape of a child. Trial was had, without jury, to a Superior Court judge, who took the case under advisement. Subsequently the trial judge declared a mistrial. The defendant is before this court on a complaint seeking either declaratory relief, or relief under this court’s general superintendence power (G. L. c. 211, § 3), contending that principles of double jeopardy prohibit his retrial on these charges. A single justice of this court denied relief and the defendant appealed to the full court.