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COMMONWEALTH v. DUBE

413 Mass. 570 (1992)

601 N.E.2d 467

COMMONWEALTH vs. MICHAEL DUBE.

Supreme Judicial Court of Massachusetts, Worcester.

November 2, 1992.

Attorney(s) appearing for the Case

James J. Gribouski for the defendant.

Katherine E. McMahon, Assistant District Attorney, for the Commonwealth.

Present: LIACOS, C.J., WILKINS, ABRAMS, LYNCH, & GREANEY, JJ.

WILKINS, J.

We are presented with the question of the admissibility of a portion of a hospital record that shows a defendant's blood alcohol content as determined by a test performed as a routine medical practice in the course of the treatment of the defendant following a motor vehicle accident. The defendant is charged with operating a motor vehicle while under the influence of intoxicating liquor. A District Court judge...

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