Commonwealth v. Vaughn

The defendant was convicted, following a bench trial conducted in the Municipal Court of the City of Boston, on a complaint charging him with larceny of property of the value of less than $100 (G. L. c. 266, § 30) and appealed to the six-person jury session of that court for a trial de novo. G. L. c. 218, §§ 26A (inserted by St. 1978, c. 478, § 188) and 27A (as most recently amended by St. 1979, c. 344, §§ 3 and 4). The defendant timely filed in that session a motion to *263dismiss the complaint on the ground of double jeopardy, his contention being that the evidence at the bench trial had been…