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COMMONWEALTH v. RIVERS

No. 91-P-35.

31 Mass. App. Ct. 669 (1991)

583 N.E.2d 867

COMMONWEALTH vs. ROBERT F. RIVERS.

Appeals Court of Massachusetts, Worcester.

December 17, 1991.

Attorney(s) appearing for the Case

Geoffrey E. Spofford for the defendant.

Claudia R. Sullivan, Assistant District Attorney, for the Commonwealth.

Present: DREBEN, FINE, & JACOBS, JJ.

DREBEN, J.

The town of Leicester operated a landfill site where commercial haulers could deposit materials for a price which was determined by the composition and quantity of the material to be deposited. A jury of six, presented with evidence from which they could find that the defendant intentionally used the landfill for dumping without paying the town the amounts due, found the defendant guilty on a complaint charging him with larceny of property over $250.

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