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COMMONWEALTH v. HUDSON

404 Mass. 282 (1989)

535 N.E.2d 208

COMMONWEALTH vs. TIMMY HUDSON.

Supreme Judicial Court of Massachusetts, Middlesex.

March 9, 1989.

Attorney(s) appearing for the Case

Corinne Hirsch, Assistant District Attorney, for the Commonwealth.

Patricia A. O'Neill, Committee for Public Counsel Services, for the defendant.

Present: WILKINS, LIACOS, NOLAN, LYNCH, & O'CONNOR, JJ.

LYNCH, J.

On November 15, 1985, the defendant, Timmy Hudson, was arrested for allegedly stealing a radio, priced at $199.88, from a retail store in Watertown. He was charged with larceny of property exceeding $100 in value, in violation of G.L.c. 266, § 30, which was then a felony.1 On January 29, 1986, the defendant moved to dismiss the complaint on the ground that the larceny statute no...

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