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Commonwealth v. Hesser

Appeals Court of Massachusetts
Nov 1, 1973
302 N.E.2d 927 (Mass. App. Ct. 1973)

Opinion

November 1, 1973.

Leonard Kopelman Charles R. Hesser, Jr. ( Judith E. Soltz with them) for the defendant.

David G. Eisenstadt, Assistant District Attorney, for the Commonwealth.


This appeal under G.L.c. 278, § 28, brings to us nothing but the docket entries, which indicate that the defendant was fined five dollars for a "parking violation." The parking regulation involved is not contained in the record or even in the brief by agreement of the parties. See Commonwealth v. Berney, 353 Mass. 571, 572 (1968). The defendant's two-page brief asserts that his conviction "is clearly contrary to the spirit, concept and tradition of Anglo-American constitutional law," citing a North Carolina case concerned with off-street metered parking. The brief submitted in his behalf cannot be said to contain an argument as required by Rule 1:15 (1) (d) of the Appeals Court Rules. Lolos v. Berlin, 338 Mass. 10, 13-14 (1958). We therefore do not feel called upon to deal further with this case. The brief is struck and the appeal, which borders on the impertinent, is dismissed.

So ordered.


Summaries of

Commonwealth v. Hesser

Appeals Court of Massachusetts
Nov 1, 1973
302 N.E.2d 927 (Mass. App. Ct. 1973)
Case details for

Commonwealth v. Hesser

Case Details

Full title:COMMONWEALTH vs. CHARLES R. HESSER

Court:Appeals Court of Massachusetts

Date published: Nov 1, 1973

Citations

302 N.E.2d 927 (Mass. App. Ct. 1973)
1 Mass. App. Ct. 850

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