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BOYLE v. REGISTRAR OF MOTOR VEHICLES

368 Mass. 141 (1975)

331 N.E.2d 52

PAUL F. BOYLE vs. REGISTRAR OF MOTOR VEHICLES (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

June 12, 1975.

Attorney(s) appearing for the Case

Robert W. Hagopian for the plaintiffs.

William A. Schroeder, Assistant Attorney General, for the Registrar of Motor Vehicles.

Present: TAURO, C.J., BRAUCHER, HENNESSEY, KAPLAN, & WILKINS, JJ.

BRAUCHER, J.

The plaintiffs were charged with driving under the influence of intoxicating liquor and were tried in a District Court without a jury, found guilty, and fined. Before trial, the plaintiff Whitmarsh moved for a trial by jury in the first instance, and the motion was denied; the plaintiff Boyle made no such motion. Each appealed to the Superior Court for a trial de novo under G.L.c. 278, § 18, and the Registrar...

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