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Opinions of
The Massachusetts Supreme Judicial Court
and the Massachusetts
Court of Appeals
To be used in conjunction
with the CPS Criminal Procedure Textbook
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CPS
Commonwealth
Police Service, Inc.
and the Law Office
of Patrick Michael Rogers
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Commonwealth v. Brann, 23 Mass.App.Ct. 980 (1987)
Appeals Court of
Massachusetts, Worcester.
Feb. 27,
1987.
Alice K. Livdahl, Worcester, for defendant, submitted a
brief.
RESCRIPT.
The
defendant was found guilty by a District Court judge of operating an uninsured
motor vehicle (G.L. c. 90, § 34J). It was
stipulated, among other facts, that at the time of the offense the defendant
was a resident of Rhode Island
and that her motor vehicle was registered in Rhode Island. Neither the defendant nor the owner of the
motor vehicle had operated the vehicle in Massachusetts
for more than 30 days in the aggregate in any one year.
The
vehicle was exempt from Massachusetts
insurance requirements under G.L. c. 90, § 3.
See Jenkins v. North Shore Dye
House, Inc., 277 Mass. 440, 443‑444, 178 N.E. 644 (1931); Knapp v. Amero, 298 Mass. 517, 521‑522,
11 N.E.2d 467 (1937); VanDresser v. Firlings, 305 Mass. 51, 52, 24 N.E.2d 969 (1940);
Knowles v. Cashman, 305 Mass. 56, 58, 24
N.E.2d 973 (1940); Malloy v. Newman, 310 Mass. 269, 271‑272,
37 N.E.2d 1001 (1941). Reciprocal
privileges were granted by Rhode Island
to Massachusetts motorists. See G.L. c. 90, § 3, 1st
par.
The
Commonwealth has filed a motion confessing error. The prosecutor deserves commendation. See Commonwealth v. Williams, 19 Mass.App.Ct.
915, 916, 471 N.E.2d 394 (1984).
Judgment reversed.
Finding set aside.
Judgment for the defendant.