Commonwealth v. Hogan

The defendants, Brian R. Hogan and Resource Systems, Inc. (RSI), were convicted by a jury on July 20, 1977, on three indictments charging larceny in excess of $100. The indictments arose out of the operation by RSI of a solid waste disposal area located in the town of Wellesley (town). In their appeal the defendants claim error in the denial of motions to dismiss the indictments. We transferred the case to this court from the Appeals Court on our own motion.

The facts, as found by the Superior Court judge who heard the motion, are as follows. Between November, 1975, and January, 1976, the…