Commonwealth v. Kindell

The Commonwealth appeals from the allowance of the defendant's motion to dismiss on double jeopardy grounds. In an earlier trial on the same facts, the defendant was charged with assault and battery by means of a dangerous weapon, an ice pick; a jury found her guilty only of so much of the complaint as charged her with assault and battery. This court reversed the conviction, ruling that evidence of bias on the part of the alleged victim had been excluded wrongfully at the trial. Commonwealth v. Kindell, 84 Mass. App. Ct. 183, 190 (2013).3

On remand, the defendant argued in a motion to dismiss…