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COMMONWEALTH v. MURPHY

409 Mass. 665 (1991)

568 N.E.2d 1143

COMMONWEALTH vs. ROBERT P. MURPHY.

Supreme Judicial Court of Massachusetts, Middlesex.

April 3, 1991.

Attorney(s) appearing for the Case

Judith Knight, Assistant District Attorney, for the Commonwealth.

Michael Najjar for the defendant.

Gregory P. Turner, amicus curiae, submitted a brief.

Thomas A. Wirtanen, amicus curiae, submitted a brief.

Present: LIACOS, C.J., WILKINS, ABRAMS, NOLAN, LYNCH, O'CONNOR, & GREANEY, JJ.

ABRAMS, J.

The defendant, Robert P. Murphy, was charged under G.L.c. 90, § 23, with operating a motor vehicle after his license had been suspended. At issue is whether the complaint is defective and must be dismissed for failure to allege that he operated the motor vehicle on a public way. We hold that the statute does not require that the violation occur on a public way.

The parties stipulated that had...

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