COMMONWEALTH v. FEDERICO


354 Mass. 206 (1968)

236 N.E.2d 646

COMMONWEALTH vs. LAWRENCE P. FEDERICO.

Supreme Judicial Court of Massachusetts, Bristol.

May 2, 1968.


Attorney(s) appearing for the Case

Michael R. Pizziferri (Joseph A. Todisco with him) for the defendant.

L. Barry Tinkoff, Assistant District Attorney, for the Commonwealth.

Present: WILKINS, C.J., WHITTEMORE, KIRK, SPIEGEL, & REARDON, JJ.


SPIEGEL, J.

The defendant made a motion to dismiss a complaint charging him with "[f]ailure to use care in making [a] left turn." The motion was heard in the Superior Court on the following statement of agreed facts: The defendant was "lawfully and legally operating a motor vehicle" on a public highway when he "made a left turn, which was not prohibited by law and a collision resulted.... About a quarter hour after the collision a police officer ... arrived ... and...

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