COMMONWEALTH v. WICK


399 Mass. 705 (1987)

506 N.E.2d 857

COMMONWEALTH vs. DAVID L. WICK.

Supreme Judicial Court of Massachusetts, Berkshire.

April 22, 1987.


Attorney(s) appearing for the Case

Jack E. Houghton, Jr., for the defendant.

Robert J. Carnes, Assistant District Attorney, for the Commonwealth.

Present: WILKINS, ABRAMS, NOLAN & O'CONNOR, JJ.


WILKINS, J.

Charged with operating a motor vehicle while under the influence of intoxicating liquor, the defendant moved before trial for a court authorized polygraph examination at public expense. The defendant claimed that he was an occupant but not the operator of the motor vehicle. He asserted that the polygraph test would confirm his truthfulness on this point, as had an earlier private one.

The judge ruled that he could not order a polygraph examination...

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