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COMMONWEALTH v. BRAGG

328 Mass. 327 (1952)

103 N.E.2d 413

COMMONWEALTH vs. CHARLES BRAGG.

Supreme Judicial Court of Massachusetts, Norfolk.

January 31, 1952.

Attorney(s) appearing for the Case

E.R. Dewing, District Attorney, & S. Burr, Assistant District Attorney, for the Commonwealth.

P.S. Rich, for the defendant.

Present: QUA, C.J., WILKINS, SPALDING, WILLIAMS, & COUNIHAN, JJ.

SPALDING, J.

The complaint charges that on November 30, 1950, the defendant "did take shellfish, to wit: clams, from the shores, flats or waters within the city of Quincy without first obtaining a permit therefor from the board of license commissioners of the city" in violation of a city ordinance. In the Superior Court the case was submitted to a judge on a statement of agreed facts, and the defendant was sentenced to pay a fine of $5. Being of opinion that there...

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