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COMMONWEALTH v. FREEMAN

354 Mass. 685 (1968)

241 N.E.2d 815

COMMONWEALTH vs. CECIL R. FREEMAN.

Supreme Judicial Court of Massachusetts, Barnstable.

November 6, 1968.

Attorney(s) appearing for the Case

John P. Curley, Jr., & Richard L. Curley, for the defendant, submitted a brief.

Armand Fernandes, Jr., Assistant District Attorney, for the Commonwealth.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, CUTTER, & REARDON, JJ.

CUTTER, J.

Freeman was tried in the Superior Court, before a judge sitting without a jury, for operating a motor vehicle on June 19, 1967, while under the influence of intoxicating liquor. G.L.c. 90, § 24 (as amended through St. 1966, c. 316; see later amendments by St. 1967, c. 773, and St. 1968, c. 259). The "Commonwealth offered evidence that ... [Freeman] was stopped by a traffic officer on a public way and [that...

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