COMMONWEALTH v. McCARTHY


11 Mass. App. Ct. 655 (1981)

418 N.E.2d 631

COMMONWEALTH vs. MICHAEL McCARTHY.

Appeals Court of Massachusetts, Essex.

April 6, 1981.


Attorney(s) appearing for the Case

Joseph A. Cleary for the defendant.

Lila Heideman, Assistant District Attorney, for the Commonwealth.

Present: HALE, C.J., ARMSTRONG, & PERRETTA, JJ.


ARMSTRONG, J.

The defendant was convicted on a complaint charging that he had failed to stop after an incident in which his vehicle, to his knowledge, had caused injury to property (G.L.c. 90, § 24[2][a]). In this appeal the defendant contends that the trial judge erred in denying a motion to dismiss the complaint. The basis of the motion was an alleged failure by the police to file the application for the complaint within three days of the writing of the citation...

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