Commonwealth v. Azer

This is a complaint dated February 13, 1940, brought in the District Court of Chelsea and taken by appeal to the Superior Court. It charges the defendant with unlawfully selling certain alcoholic beverages to one Wilfred Williams. The defendant filed a plea of autrefois acquit, setting up an alleged former jeopardy in that he had previously been acquitted by a jury of the same of-fence. 2 Bishop, New Crim. Proc. (2d ed. 1913) §§ 805-831. G. L. (Ter. Ed.) c. 277, § 75. Commonwealth v. DiStasio, 297 Mass. 347, 354-356. The jury were permitted to find that there was no such prior acquittal or…