Com. v. Benton
| Decision Date | 02 December 1969 |
| Citation | 356 Mass. 447,252 N.E.2d 891 |
| Parties | COMMONWEALTH v. Richard A. BENTON (and a companion case 1 ). |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Joseph P. Harrington, Asst. Dist. Atty., for Commonwealth.
Harold Hestnes, Boston, Gordon T. Walker, Milton, for defendants.
Before WILKINS, C.J., and SPALDING, CUTTER, KIRK and REARDON, JJ.
These are indictments in the Superior Court for Dukes County. The defendants were arraigned in the District Court of Dukes County and each pleaded not guilty to six complaints charging possession of marihuana, G.L. c. 94, § 205; conspiracy to violate the narcotic drug laws, G.L. c. 94, § 213A; possession of marihuana, G.L. c. 94, § 205; being present where a narcotic drug was illegally kept, G.L. c. 94, § 213A; possession of a harmful drug, a derivative of barbituric acid, G.L. c. 94, § 187B; and unlawful sale of a narcotic drug, to wit, marihuana, G.L. c. 94, § 217. The sales were felonies, and the other crimes were misdemeanors. G.L. c. 94, § 217.
Subsequently, with police approval, an assistant district attorney entered into an arrangement with the defendants whereby he agreed to nol pros the complaints charging unlawful sale provided the defendants pleaded guilty to the other complaints, and would cooperate by providing the police with all information they had as to the source of the marihuana. The defendants actually did plead guilty to all complaints except the two for selling. On each of the latter the assistant district attorney indorsed and signed,
On or about May 13, 1968, the district attorney obtained indictments for the identical offences which were the subject of the nol prossed complaints. This was in breach of the agreement between the assistant district attorney and the defendants upon which the defendants relied and which they fully performed.
A Superior Court judge allowed motions to dismiss the indictments, and reported the cases to this court for a determination whether a nol pros of a felony complaint in consideration of pleading guilty to several complaints charging misdemeanors is a bar to the prosecution of a subsequent indictment for the offence nol prossed. G.L. c. 278, § 30A.
We are of opinion that the rulings were correct. An assistant district attorney, whose office exists pursuant to G.L. c. 12, § 14, has few powers prescribed by statute. However, by the terms of G.L. c. 277, § 70A, he has equal power with the district attorney...
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Com. v. Varney
...promise and therefore reversal is required. See Commonwealth v. Burke, 373 Mass. 569, 575, 369 N.E.2d 451 (1977); Commonwealth v. Benton, 356 Mass. 447, 252 N.E.2d 891 (1969). We are not persuaded, however, that by promising in advance of trial not to characterize Varney as a drug dealer, t......
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U.S. v. Levasseur
...which should serve as an example to all others. The courts have a duty to enforce that standard. Commonwealth v. Benton, 356 Mass. 447, 449, 252 N.E.2d 891 (1969) (Wilkins, C.J.). Surely the government of the United States is held to a standard no less exacting. Indeed, this is expressly th......
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US v. Levasseur, 86-180-Y.
...which should serve as an example to all others. The courts have a duty to enforce that standard. Commonwealth v. Benton, 356 Mass. 447, 449, 252 N.E.2d 891 (1969) (Wilkins, C.J.). Surely the government of the United States is held to a standard no less exacting. Indeed, this is expressly th......
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Com. v. Jones
...same charge. See now Mass.R.Crim.P. 16(a) & (b), --- Mass. --- (1979), and Reporter's notes thereto. Contrast Commonwealth v. Benton, 356 Mass. 447, 449, 252 N.E.2d 891 (1969). The defendant has not shown that the nolle prosequi was entered under circumstances which would prevent the issuan......