Costarelli v. Commonwealth

This case is before us on a reservation and report by a single justice of this court. The question presented is whether the double jeopardy clause of the Fifth Amendment to the United States Constitution bars prosecution for the crime of using a motor vehicle without authority after the trial and dismissal of an earlier complaint charging the crime of larceny of the same vehicle. We hold that it does in the circumstances of this case.

We summarize the facts as they appear in a statement of agreed facts filed with the single justice. On January 23, 1974, Costarelli (the defendant) was tried in…