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COMMONWEALTH v. DUMAIS

No. 02-P-1334.

60 Mass. App. Ct. 70 (2003)

COMMONWEALTH v. SUSAN DUMAIS.

Appeals Court of Massachusetts, Worcester.

November 20, 2003.

Attorney(s) appearing for the Case

Dana Alan Curhan for the defendant.

Ellyn H. Lazar-Moore, Assistant District Attorney, for the Commonwealth.

Present: MASON, BROWN, & BERRY, JJ.

BROWN, J.

The defendant was convicted of operating a motor vehicle while under the influence of intoxicating liquor. She appeals, claiming (1) her motion for a mistrial should have been allowed after a witness for the Commonwealth began to testify regarding a field sobriety test that had been excluded; and (2) the prosecutor's closing argument, to which there was no objection, created a substantial risk of a miscarriage...

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