SMALL v. GARTLEY


363 A.2d 724 (1976)

Richard W. SMALL v. Markham L. GARTLEY in his capacity as Secretary of State of the State of Maine.

Supreme Judicial Court of Maine.

September 8, 1976.


Attorney(s) appearing for the Case

Linnell, Choate & Webber by Curtis Webber, Auburn, for plaintiff.

Leon V. Walker, Jr., Asst. Atty. Gen., Augusta, for defendant.

Before DUFRESNE, C. J., and WEATHERBEE, POMEROY, WERNICK, ARCHIBALD and DELAHANTY, JJ.


DUFRESNE, Chief Justice.

Richard W. Small, the appellant, was charged with the offense of operating a motor vehicle while under the influence of intoxicating liquor pursuant to 29 M.R.S. A., § 1312(10-A). As a result of investigation of the case at the request of appellant's attorney, an alcoholism counselor assigned to the Division of Vocational Rehabilitation of the State Department of Health and Welfare recommended to the Judge of the Eighth District Court...

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