¶1(concurring). I fully agree with the majority that the report must be discharged. I am puzzled, however, why this matter was reported and not allowed to proceed in the usual course to a decision on the merits. Contrast Commonwealth v. Levin, 390 Mass. 857, 859-860 (1984). It is quite clear to me that this statute reaches incidents occasioned by motor vehicles on this particular beach property. Even so, the Commonwealth must still, of course, prove beyond a reasonable doubt each and every element necessary to sustain a conviction.
17 Mass. App. Ct. 1025
Commonwealth v. Endicott
Decided March 1, 1984
Massachusetts Appeals Court · decided 1984-03-01
Relies on Commonwealth v. Levin
Good law ✅— No negative treatment on recordhow we know
Decided 1984-03-01
How this case has been cited
Cited by 4 later decisions — most recently August 2010
4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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