Commonwealth v. Maxim

The defendants are members of the Mashpee Wampanoag2 tribe. They were convicted in the District Court of taking soft-shell clams in violation of the shellfish regulations of the town of Bourne (town). After a timely appeal, the Appeals Court reversed and entered judgments for the defendants. *28845 Mass. App. Ct. 49 (1998). We granted the Commonwealth’s application for further appellate review, and reverse the judgment of the District Court, but for slightly different reasons from those given by the Appeals Court.

The District Court judge found that, on Wednesday, July 5, 1995, the defendants were…