Commonwealth v. DeFuria

After a jury-waived trial, the defendant was convicted on ten indictments charging larceny of more than $100 and on ten indictments charging uttering a forged or altered instrument. G. L. c. 266, § 30 (1984 ed.). G. L. c. 267, § 5 (1984 ed.). The sole issue on appeal is whether, based on principles of double jeopardy, the District Court proceeding in this case bars the Superior Court trial. We transferred the case to this court on our own motion. We conclude that in the circumstances of this case, double jeopardy principles do not bar the Superior Court trial. Thus, we affirm the convictions.

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