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COMMONWEALTH v. SMYTHE

23 Mass. App. Ct. 348 (1987)

502 N.E.2d 162

COMMONWEALTH vs. GLENN R. SMYTHE.

Appeals Court of Massachusetts, Worcester.

January 6, 1987.

Attorney(s) appearing for the Case

David C. Casey for the defendant.

Claudia R. Sullivan, Assistant District Attorney, for the Commonwealth.

Present: DREBEN, CUTTER, & FINE, JJ.

FINE, J.

A jury of six in a District Court convicted the defendant of operating a motor vehicle while under the influence of intoxicating liquor and of failing to stay within marked lanes. The Commonwealth's case consisted of testimony from the arresting officer about the events, the results of a breath test administered on a device known as the "Intoxilyzer 5000" revealing a blood alcohol content of .17 percent...

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