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FADDEN v. COMMONWEALTH

376 Mass. 604 (1978)

382 N.E.2d 1054

THOMAS H. FADDEN, JR. vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

November 13, 1978.

Attorney(s) appearing for the Case

Henry P. Sorett for the plaintiff.

Kieran B. Meagher, Assistant District Attorney, for the District Attorney for the Northern District, & Terence M. Troyer, Assistant Attorney General, for the Superior Court.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, KAPLAN, & LIACOS, JJ.

BRAUCHER, J.

Two complaints were issued, each charging Fadden (the defendant) with causing the death of the same victim by operating a motor vehicle, in violation of G.L.c. 90, § 24G. The first charged that he operated the vehicle negligently so that the lives and safety of the public might be endangered; the second charged that he operated it while under the influence of intoxicating liquor. After trial in a District Court he was convicted on the first complaint...

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