Commonwealth v. Bailey

The appeal is from a j ury conviction of larceny of more than one hundred dollars. G. L. c. 266, § 30(1). 1. The judge in the Superior Court was not required to dismiss the indictment by reason of the fact that a judge of a Municipal Court had earlier dismissed a complaint for the identical offence without having first conducted a probable cause hearing. That dismissal had been entered by the judge rather than the prosecutor (see Mass.R.Crim.P. 16, 378 Mass. 885 [1979]) in circumstances which did not give rise to a claim of double jeopardy (see Commonwealth v. Ballou, 350 Mass. 751, 752…