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COMMONWEALTH v. GORMAN

356 Mass. 355 (1969)

251 N.E.2d 892

COMMONWEALTH vs. FRANK C. GORMAN.

Supreme Judicial Court of Massachusetts, Middlesex.

October 30, 1969.

Attorney(s) appearing for the Case

James A. O'Donovan, for the defendant, submitted a brief.

Leonard M. Frisoli, Jr., Assistant District Attorney, for the Commonwealth.

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

SPALDING, J.

The defendant was tried in a District Court before a jury of six pursuant to St. 1964, c. 628, on a complaint charging drunkenness and operating a motor vehicle while under the influence of intoxicating liquor. The defendant was found not guilty of the drunkenness charge and guilty of operating a motor vehicle while under the influence of intoxicating liquor.

The case is here on the defendant's exception to the denial of his motion for a directed...

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