Commonwealth v. Friend

This is an appeal by the Commonwealth from an order of. a Superior Court judge allowing the defendant’s motion to dismiss the indictments against him on the ground of prior jeopardy in the District Court. We conclude that the prior proceeding in the District Court was not a trial on the merits and that jeopardy had not attached. Therefore, we reverse the order of the Superior Court dismissing the indictments.

The defendant, Anthony Friend, was arraigned in the Rox-bury District Court on charges of breaking and entering in the daytime and assault and battery by means of a dangerous weapon. On…