COMMONWEALTH v. TYNES


400 Mass. 369 (1987)

510 N.E.2d 244

COMMONWEALTH vs. DAVID TYNES.

Supreme Judicial Court of Massachusetts, Middlesex.

July 6, 1987.


Attorney(s) appearing for the Case

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

Fern L. Nesson, Assistant District Attorney, for the Commonwealth.

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


LIACOS, J.

The defendant was convicted by a jury of six on one count of operating a motor vehicle while under the influence of intoxicating liquor, his second such offense within a six-year period. See G.L.c. 90, § 24, (1) (a) (1) (1984 ed.). Prior to trial, he moved to suppress testimony concerning incriminating statements he had made on the day of his arrest. That motion was denied.

Testimony was taken at a pretrial hearing on the defendant's...

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