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COMMONWEALTH v. BLACK

403 Mass. 675 (1989)

532 N.E.2d 43

COMMONWEALTH vs. DAVID J. BLACK.

Supreme Judicial Court of Massachusetts, Franklin.

January 4, 1989.

Attorney(s) appearing for the Case

David C. Hoover, Special Assistant Attorney General, for the Commonwealth.

Francis L. McDonald for the defendant.

James R. Hanson of Ohio & Francis L. McDonald, for Concerned Coastal Sportsmen's Association, Inc., & others, amici curiae, submitted a brief.

Sara Romer & Beth A. O'Neill, for Massachusetts Society for the Prevention of Cruelty to Animals, amicus curiae, submitted a brief.

Douglas G. Sanborn of New Jersey & Carol L. Reiter, for Friends of Animals, Inc., amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., WILKINS, LIACOS, LYNCH, & O'CONNOR, JJ.

LYNCH, J.

The defendant was charged in the Orange Division of the District Court Department with using a "steel jaw leghold trap" in violation of G.L.c. 131, § 80A (1986 ed. ).1 Pursuant to Mass. R. Crim. P. 13, 378 Mass. 871 (1978), the defendant moved to dismiss the complaint arguing that his trap, a Woodstream Soft Catch Trapping System,2 is not a "steel jaw

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