Commonwealth v. Mitchell

James Mitchell was tried in May, 1978, on a charge of distributing heroin on February 2, 1978. The jury brought in a verdict of not guilty. Some nineteen months later, in December, 1979, Mitchell was indicted for perjury (G. L. c. 268, § l)1 committed by him at that trial,2 in that he falsely stated on oath, when testifying as a witness in his own behalf, that he was the father of four children, was living with Ethel Davis (Mitchell) at One Gavin Terrace, *578Lowell, and was married to Ethel. Upon trial of the perjury charges in November, 1981, the judge dismissed the charges on the first two…