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COMMONWEALTH v. PAPPAS

384 Mass. 428 (1981)

425 N.E.2d 323

COMMONWEALTH vs. JAMES PAPPAS.

Supreme Judicial Court of Massachusetts, Middlesex.

August 21, 1981.

Attorney(s) appearing for the Case

Robert M. Raciti, Assistant District Attorney, for the Commonwealth.

Willie J. Davis for the defendant.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, NOLAN, & LYNCH, JJ.

HENNESSEY, C.J.

On September 3, 1980, a District Court judge dismissed complaints against James Pappas charging negligent motor vehicle homicide, operating a motor vehicle while under the influence of intoxicating liquor, and driving to endanger. The judge dismissed the complaints because he concluded that the failure of police officers to issue a citation at the time and place of the violation was contrary to G.L.c. 90C, § 2. The Commonwealth appealed

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