Commonwealth v. TaylorAnnotate this Case
The Supreme Judicial Court held that double jeopardy barred this prosecution because the termination of Defendant's first trial was not justified by manifest necessity.
The Commonwealth charged Defendant with carrying a loaded firearm, in violation of Mass. Gen. Laws ch. 269, 10(n), but did not charge him with either of the required predicate offenses of sections 10(a) or (c). At trial, the district court granted Defendant's motion for a required finding of not guilty based on the defect in charging. Thereafter, the Commonwealth obtained a second complaint charging Defendant with violating section 10(a) based on the same conduct. Defendant moved to dismiss the complaint based on double jeopardy. The Supreme Court concluded that double jeopardy barred this prosecution because there was not a manifest necessity for a mistrial.