COMMONWEALTH v. CARSON

No. 07-P-603.

72 Mass. App. Ct. 368 (2008)

COMMONWEALTH v. EMILY CARSON.

Appeals Court of Massachusetts, Bristol.

August 15, 2008.


Attorney(s) appearing for the Case

Craig A. Souza, Assistant District Attorney, for the Commonwealth.

Katie Cook Rayburn for the defendant.

Present: McHUGH, ARMSTRONG, & MEADE, JJ.


ARMSTRONG, J.

Under the procedures established by G. L. c. 278, § 28E, and Mass.R.Crim.P. 15(a)(2), as appearing in 422 Mass. 1501 (1996), the Commonwealth appeals from an order by a District Court judge suppressing the results of a blood test performed at Sturdy Memorial Hospital in the early morning hours of August 9, 2004. The judge's findings of fact and other undisputed evidence in the record establish the following. At about 9:30 P.M. on August 8, 2004...

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