Commonwealth v. Schebergen

Massachusetts Appeals Court

Commonwealth v. Schebergen

356 N.E.2d 268, 4 Mass. App. Ct. 846, 1976 Mass. App. LEXIS 646

DecidedOctober 28, 1976

StatusPublished

This text of 356 N.E.2d 268 (Commonwealth v. Schebergen) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Schebergen, 356 N.E.2d 268, 4 Mass. App. Ct. 846, 1976 Mass. App. LEXIS 646 (Mass. Ct. App. 1976).

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Opinion

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), “is 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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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), “is 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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Bluebook (online)

356 N.E.2d 268, 4 Mass. App. Ct. 846, 1976 Mass. App. LEXIS 646, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-schebergen-massappct-1976.

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