Commonwealth v. Koonce

This appeal arises out of the defendant’s retrial on an indictment charging murder in the first degree. A mistrial was declared after the jury were “unable to reach a unanimous decision” on the issue of self-defense, and we affirmed the decision of a single justice denying the defendant’s petition under G. L. c. 211, § 3 (1992 ed.), that the indictment be dismissed based on common law double jeopardy grounds. Koonce v. Commonwealth, 412 Mass. 71, 71-72, 76 (1992). On June 23, 1992, a jury convicted the defendant of murder in the first degree. The defendant appeals from this conviction and the…