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COMMONWEALTH v. LANDRY

6 Mass. App. Ct. 404 (1978)

376 N.E.2d 1243

COMMONWEALTH vs. JAMES LANDRY.

Appeals Court of Massachusetts, Middlesex.

May 31, 1978.

Attorney(s) appearing for the Case

Joseph Stashio for the defendant.

Christine M. McEvoy, Assistant District Attorney, for the Commonwealth.

Present: KEVILLE, GOODMAN, & BROWN, JJ.

GOODMAN, J.

The defendant was convicted by a jury of carrying a revolver in violation of G.L.c. 269, § 10(a). His appeal under G.L.c. 278, § 28, brings us only "matter[s] of law apparent upon the record." The "record" as used in that statute does not include the "Agreed Statement of Facts and Case" filed after the defendant's conviction. "The word `record' ... refers to something already existing when the appeal is taken." Harrington v.

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