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COMMONWEALTH v. SMITHSON

No. 96-P-618.

41 Mass. App. Ct. 545 (1996)

COMMONWEALTH v. DANA SMITHSON.

Court of Appeals of Massachusetts, Barnstable.

October 31, 1996.

Attorney(s) appearing for the Case

Steven S. DeYoung for the defendant.

Linda A. Wagner, Assistant District Attorney (Peter Lloyd, Assistant District Attorney, with her) for the Commonwealth.

Present: WARNER, C.J., ARMSTRONG, & PERRETTA, JJ.

WARNER, C.J.

Following a bench trial in District Court, the defendant was convicted of motor vehicle homicide and operating a motor vehicle so as to endanger. G. L. c. 90, §§ 24, 24G. Both offenses are punishable as crimes only if they occur "upon any way or in any place to which members of the public have access as invitees or licensees." G. L. c. 90, § 24(2)(a), as appearing in St. 1974, c. 418; G. L. c. 90, § 24G(b), as appearing in St. 1982...

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