Hrycenko v. Commonwealth

Peter Hrycenko (defendant) filed a petition in the county court seeking relief, pursuant to G. L. c. 211, § 3, from the denial of his motion to dismiss, on double jeopardy grounds, an indictment charging intimidation of a judge. G. L. c. 268, § 13B.2 A single justice of this court allowed a joint motion to reserve and report the case to the full court. The defendant contends that the motion judge erred in rejecting his *504argument that G. L. c. 268, § 13B, applies only where there is a pending criminal proceeding, and that there was insufficient evidence from which a jury could infer, beyond a…