Jackson v. Commonwealth

The petitioner (whom we shall call the defendant), sought relief from a single justice of this court under G. L. c. 211, § 3, from the denial of his motion to dismiss in the Superior Court. Because the motion was based on double jeopardy grounds, the single justice ruled that the matter was properly before him pursuant to G. L. c. 211, § 3, but denied the petition on the merits. This court determined that the requirements of SJ.C. Rule 2:21 (2), 421 Mass. 1303 (1995), had been *261met and permitted the defendant to pursue this interlocutory appeal from the judgment of the single justice.

1. Facts…