WHITMARSH v. COMMONWEALTH


366 Mass. 212 (1974)

316 N.E.2d 610

WALTER E. WHITMARSH vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

September 4, 1974.


Attorney(s) appearing for the Case

Robert W. Hagopian for the plaintiff.

Robert B. Russell, Assistant District Attorney, for the Commonwealth.

Present: TAURO, C.J., REARDON, QUIRICO, BRAUCHER, & WILKINS, JJ.


QUIRICO, J.

On September 6, 1973, the plaintiff in the present case was tried in a District Court on a complaint charging him with the misdemeanor of operating a motor vehicle while under the influence of intoxicating liquor. G.L.c. 90, § 24 (1) (a), as amended through St. 1971, c. 1071, § 4. Before the trial started he filed a written motion for a trial by jury which was denied. After a trial before a judge of the District Court, at which he rested, without...

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