COMMONWEALTH v. MARLEY


396 Mass. 433 (1985)

486 N.E.2d 715

COMMONWEALTH vs. TIMOTHY P. MARLEY.

Supreme Judicial Court of Massachusetts, Middlesex.

December 19, 1985.


Attorney(s) appearing for the Case

Joseph F. Annunziata, Jr., for the defendant.

Emily J. Gould, Assistant District Attorney (Pamela Hunt, Assistant District Attorney, with her) for the Commonwealth.

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


NOLAN, J.

The defendant was convicted in the Framingham Division of the District Court of operating a motor vehicle on a public way while under the influence of intoxicating liquor, in violation of G.L.c. 90, § 24 (1) (a) (1) (1984 ed.). He was sentenced to six months in a house of correction, two years suspended, and fourteen days in an alcohol treatment program. He was also fined. The defendant exercised his right to a "de novo" jury trial which ended...

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