COMMONWEALTH v. CARNELL

No. 98-P-2144.

53 Mass. App. Ct. 356 (2001)

COMMONWEALTH v. JAMES CARNELL.

Court of Appeals of Massachusetts, Middlesex.

December 7, 2001.


Attorney(s) appearing for the Case

John A. Baccari for the defendant.

Martha Coakley, District Attorney, Stephen C. Hoctor, Assistant District Attorney, & Jay V. Lee for the Commonwealth.

Present: PERRETTA, LAURENCE, & RAPOZA, JJ.


RAPOZA, J.

A jury convicted the defendant of operating a motor vehicle while under the influence of intoxicating liquor. On appeal, he argues that the failure to cure testimony incorrectly asserting that he refused to take a blood test following his arrest constituted reversible error. We agree and reverse the conviction.

Facts. The jury could have found the following facts. In the early morning hours of January 31, 1998, the defendant, accompanied...

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