COMMONWEALTH v. HORRIGAN

No. 95-P-1309.

41 Mass. App. Ct. 337 (1996)

COMMONWEALTH v. JAMES M. HORRIGAN.

Court of Appeals of Massachusetts, Middlesex.

September 19, 1996.


Attorney(s) appearing for the Case

Terry Scott Nagel for the defendant.

David W. Cunis, Assistant District Attorney, for the Commonwealth.

Present: PERRETTA, KAPLAN, & KASS, JJ.


KAPLAN, J.

This appeal poses a claim of double jeopardy. We reach it after a sequential statement of the case.

On November 19, 1994, about 11:45 P.M., James Horrigan was arrested on route 62 by North Reading Officer Robert Marchionda, and later was charged by complaint with operating under the influence of liquor and with civil violations of speeding and crossing a marked lane.

The matter came to trial in Cambridge District Court, jury-of-six session...

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