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YOUNKER v. DISTRICT COURT OF NATICK

374 Mass. 31 (1977)

370 N.E.2d 1371

CHRISTIAN YOUNKER vs. DISTRICT COURT OF NATICK & another.

Supreme Judicial Court of Massachusetts, Suffolk.

December 20, 1977.

Attorney(s) appearing for the Case

Robert S. Potters for the plaintiff.

Peter W. Agnes, Jr., Assistant District Attorney, for the defendants.

Present: HENNESSEY, C.J., QUIRICO, KAPLAN, LIACOS, & ABRAMS, JJ.

KAPLAN, J.

In this civil action in the nature of mandamus (see Mass. R. Civ. P. 81 [b], 365 Mass. 841 [1974]; G.L.c. 249, § 5), lodged in this court for the county of Suffolk, a statement of agreed facts is to the following effect. The plaintiff Younker on July 26, 1976, was found guilty after trial in the District Court of Natick on a complaint charging him with the use of a motor vehicle without authority (G.L.c. 266, § 28). Thereupon the judge presiding...

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