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action affirmed agree agreement allowed amended appeal application arbitration argues arrest Attorney authority Board Boston cause charge circumstances claim Commission Commissioner Common Commonwealth complaint concerning conclude consider constitutional contract counsel crime criminal decision defendant defendant's denied determination direct District easement effect employees entered error evidence fact filed findings further granted guilty hearing held indictment interest issue judge judge's judgment Judicial jury justice limited March Mass Massachusetts matter ment motion murder officer opinion parties person petition plaintiff police practice present prior Probate proceedings question rates reasonable record reference Relations respect result returned rule School Committee statement statute Superior Court supra testified testimony tion tort town trial trust United vehicle verdict victim vote warrant witness