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COMMONWEALTH v. MURPHY

389 Mass. 316 (1983)

451 N.E.2d 95

COMMONWEALTH vs. ARTHUR V. MURPHY.

Supreme Judicial Court of Massachusetts, Middlesex.

June 7, 1983.

Attorney(s) appearing for the Case

Pamela L. Hunt, Assistant District Attorney, for the Commonwealth.

Mark L. Donahue (Richard E. Blumsack with him) for the defendant.

Present: HENNESSEY, C.J., WILKINS, LIACOS, NOLAN, & O'CONNOR, JJ.

WILKINS, J.

This appeal by the Commonwealth presents the question whether, in the circumstances, the defendant may constitutionally be subjected to enhanced punishment under G.L.c. 90, § 24(1)(a)(1), as appearing in St. 1982, c. 373, § 2, if he is convicted on a pending complaint charging him with operating a motor vehicle while under the influence of intoxicating liquor. As amended, effective September...

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