COMMONWEALTH v. RIVKIN


329 Mass. 586 (1952)

109 N.E.2d 838

COMMONWEALTH vs. GERALD RIVKIN.

Supreme Judicial Court of Massachusetts, Hampshire.

December 31, 1952.


Attorney(s) appearing for the Case

Samuel L. Fein & Frank H. Freedman, for the defendant.

Sanford Keedy, District Attorney, & Oscar Grife, Assistant District Attorney, for the Commonwealth.

Present: QUA, C.J., LUMMUS, RONAN, WILKINS, & WILLIAMS, JJ.


RONAN, J.

The defendant was convicted and fined upon a complaint charging that he "unlawfully did sell, offer and expose for sale certain ice cream on the streets and sidewalks or public places in said Northampton" in violation of a regulation of the board of health of that city. The judge stayed the execution of the sentence, and at the request of the parties reported the case to this court with the stipulation that if the finding of guilty was warranted by law the...

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