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COMMONWEALTH v. WHYNAUGHT

377 Mass. 14 (1979)

384 N.E.2d 1212

COMMONWEALTH vs. KATHLEEN WHYNAUGHT.

Supreme Judicial Court of Massachusetts, Middlesex.

January 3, 1979.

Attorney(s) appearing for the Case

Michael J. McHugh, Legal Assistant to the District Attorney, for the Commonwealth.

Aram K. Berberian, of Rhode Island, for the defendant.

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

HENNESSEY, C.J.

The defendant, Kathleen Whynaught, was convicted of speeding pursuant to G.L.c. 90, § 17, after a jury waived trial in the First District Court of Southern Middlesex. Appealing her conviction, she argues that the trial judge erroneously admitted readings taken from an untested radar speed measuring device and that the prosecution had a statutory burden, which it failed to meet, to prove excessive operation...

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