Thames v. Commonwealth

The petitioner argues exceptions to the dismissal by a single justice of his petition for extraordinary relief under G. L. c. 211, § 3. The petitioner contends that indictments charging him with rape and robbery should be dismissed because prosecution of those indictments would constitute double jeopardy in violation of the common law of this Commonwealth and of the Double Jeopardy Clause of the Fifth Amendment to the Constitution of the United States.

The petitioner was tried before a jury on these indictments on November 28 and 29, 1972. At 11:15 a.m. on the latter day the jury retired for…