(Download) "Com. v. Magnuson" by Appeals Court of Massachusetts " eBook PDF Kindle ePub Free

eBook details

Title: Com. v. Magnuson
Author : Appeals Court of Massachusetts
Release Date : January 09, 1995
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 49 KB

Description

Motor Vehicle, Operating under the influence. Practice, Criminal, Double jeopardy. Constitutional Law, Double jeopardy. The Commonwealth appeals from an order of a District Court Judge dismissing a complaint for operating a motor vehicle while under the influence of intoxicating liquor (OUI). An earlier complaint charging the same offense was dismissed in these circumstances: the Commonwealth, realizing that the defendant had a previous OUI conviction, filed a pretrial motion to dismiss the pending OUI complaint so as to replace it with a new complaint charging OUI, second offense. The defendant disputed the applicability of the enhanced penalties applicable under G. L. c. 90, § 24, to second offenses but agreed to the dismissal provided that it was stated to be ""with prejudice."" The Commonwealth agreed; the original complaint was dismissed ""with prejudice"" upon the Commonwealth's submitting a new complaint charging OUI, second offense. The defendant was then tried on the second complaint. The trial Judge, agreeing with the defendant as to the inapplicability of the second offense provisions of § 24, found the defendant guilty of so much of the complaint as charged simple OUI. Under the trial de novo system then in effect, the defendant appealed the guilty finding to the District Court jury-of-six session and there moved for dismissal of the complaint on ground of double jeopardy.