Massachusetts Appeals Court, 1976

Commonwealth v. Schebergen

Commonwealth v. Schebergen
Massachusetts Appeals Court · Decided October 28, 1976
4 Mass. App. Ct. 846; 356 N.E.2d 268; 1976 Mass. App. LEXIS 646

Commonwealth v. Schebergen

Opinion of the Court

The juvenile proceedings (which the defendant argues should have barred his subsequent trial in the Superior Court on the principle of double jeopardy) occurred in October, 1974. His argument is therefore foreclosed by Commonwealth v. A Juvenile (No. 2), 370 Mass. 677, 678 (1976), which held that Breed v. Jones, 421 U. S. 519 (1975), β€œis not applicable to juvenile proceedings which were conducted prior to the date of that decision on May 27, 1975.” See Commonwealth v. Cowan, ante, 796 (1976).

Judgments affirmed.

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