Commonwealth v. Clemmons

In this appeal the defendant challenges his conviction in the Superior Court of possession *289of heroin on the ground that he had previously been put in jeopardy for the same offense in the Municipal Court of the City of Boston. His appeal is before this court under the provisions of G. L. c. 278, §§ 33A-33G. We sustain the defendant’s contention and we order a judgment of not guilty to be entered.

We summarize the facts as determined from a stipulation filed by the parties and the transcript of the proceedings below. On December 22, 1973, the defendant was arrested by members of the drug control…