Legal Opinion

Jones v. Commonwealth

Massachusetts Appeals Court

Decided April 13, 1979PublishedCited by 5 opinions

1Opinion of the CourtRose, J.

The question reported to us by the single justice for resolution in this case is whether the Commonwealth is barred by the double jeopardy clause of the Fifth Amendment to the Constitution of the United States from proceeding with the trial of Jones (hereinaf-ter the defendant) on the criminal indictments at issue, or, alternatively, whether the record as a whole reveals that there was "manifest necessity” for the mistrial granted by the trial judge over the objection of the defendant. We conclude that there is no bar to a retrial of the defendant.

Herman Jones, the defendant, was indicted and…

2Cases cited31 opinions

  1. Benton v. MarylandSupreme Court of the United States · 1969
  2. Green v. United StatesSupreme Court of the United States · 1957
  3. United States v. JornSupreme Court of the United States · 1971
  4. Arizona v. WashingtonSupreme Court of the United States · 1978
  5. United States v. PerezSupreme Court of the United States · 1824

26 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Jones v. CommonwealthMassachusetts Supreme Judicial Court · 1980
  2. Commonwealth v. DonovanMassachusetts Appeals Court · 1979
  3. State v. BradySupreme Court of New Hampshire · 1980
  4. Creighton v. Timothy HallCourt of Appeals for the First Circuit · 2002
  5. Commonwealth v. HenniganMassachusetts Appeals Court · 1981

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