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COMMONWEALTH v. DURNING

406 Mass. 485 (1990)

548 N.E.2d 1242

COMMONWEALTH vs. JOHN A. DURNING, JR.

Supreme Judicial Court of Massachusetts, Bristol.

January 18, 1990.

Attorney(s) appearing for the Case

Andrew Silverman, Committee for Public Counsel Services, for the defendant.

Elspeth B. Cypher, Assistant District Attorney, for the Commonwealth.

Present: LIACOS, C.J., WILKINS, NOLAN, LYNCH, & GREANEY, JJ.

LIACOS, C.J.

The defendant, John A. Durning, Jr., appeals from his conviction of motor vehicle homicide while operating under the influence of intoxicating liquor. The defendant claims error in the admission in evidence of the result of a blood alcohol test administered to him by the police. The defendant also challenges the trial judge's decision not to allow the defense to call a witness who was not listed on the pretrial conference report, and claims that a portion...

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