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COMMONWEALTH v. MAHONEY

400 Mass. 524 (1987)

510 N.E.2d 759

COMMONWEALTH vs. DONALD J. MAHONEY.

Supreme Judicial Court of Massachusetts, Worcester.

July 29, 1987.

Attorney(s) appearing for the Case

Conrad W. Fisher for the defendant.

Phillip E. Shea, Assistant District Attorney, for the Commonwealth.

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

HENNESSEY, C.J.

The defendant, Donald J. Mahoney, was convicted of operating a motor vehicle while under the influence of intoxicating liquor in violation of G.L.c. 90, § 24 (1984 ed.). The defendant appealed, and we transferred the case to this court on our own motion.

Testimony at trial before a jury of six produced the following facts. At approximately 12:46 A.M. on March 17, 1985, Worcester police officer...

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