Commonwealth v. Hennigan

After a mistrial was declared at the request of both defendants on the second day of trial, the defendants were retried and convicted of assault and battery on indictments charging rape. In addition the defendant Hennigan was convicted on a separate indictment charging assault and battery with a dangerous weapon, and Gosselin was convicted on a separate indictment charging assault and battery. 1. Contrary to the defendants’ contention, the record does not show any “judicial overreaching or bad faith” which would bar reprosecution after the mistrial was granted at the defendants’ request.…