COMMONWEALTH v. CROWELL


403 Mass. 381 (1988)

529 N.E.2d 1339

COMMONWEALTH vs. JAMES CROWELL (and two consolidated cases).

Supreme Judicial Court of Massachusetts, Barnstable.

November 10, 1988.


Attorney(s) appearing for the Case

Charles S. McLaughlin, Jr., for the defendants.

Brian S. Glenny, Assistant District Attorney, for the Commonwealth.

James M. Shannon, Attorney General, & Stanley E. Adelman, Special Assistant Attorney General, for the Secretary of Public Safety, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., WILKINS, LIACOS, NOLAN, & LYNCH, JJ.


WILKINS, J.

Before trial of these cases in a jury-of-six session in a District Court, a judge reported six questions of law to the Appeals Court. See Mass. R. Crim. P. 34, 378 Mass. 905 (1979); G.L.c. 218, § 27A (d) (1986 ed.). Each case involves a charge of operating a motor vehicle on a public way while under the influence of intoxicating liquor. G.L.c. 90, § 24 (1) (a) (1) (1986 ed.). After these cases had been consolidated for appellate...

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