COMMONWEALTH v. PHILLIPS


12 Mass. App. Ct. 486 (1981)

426 N.E.2d 456

COMMONWEALTH vs. ALAN W. PHILLIPS.

Appeals Court of Massachusetts, Middlesex.

October 5, 1981.


Attorney(s) appearing for the Case

Robert F. Casey, Jr., for the defendant.

Robert M. Raciti, Assistant District Attorney, for the Commonwealth.

Present: HALE, C.J., GRANT, & BROWN, JJ.


HALE, C.J.

The defendant has appealed from his conviction on a complaint charging him with operating a motor vehicle while under the influence of intoxicating liquor (G.L.c. 90, § 24[1][a]). After the denial of his motion to dismiss, which was based on the ground of former jeopardy, the defendant was tried before a jury of six in a District Court, found guilty and fined. The only issue raised on appeal is whether there was error in the denial of his motion...

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