Fadden v. Commonwealth

Two complaints were issued, each charging Fadden (the defendant) with causing the death of the same victim by operating a motor vehicle, in violation of G. L. c. 90, § 24G. The first charged that he operated the vehicle negligently so that the lives and safety of the public might be endangered; the second charged that he operated it while under the influence of intoxicating liquor. After trial in a District Court he was convicted on the first complaint and the second complaint was dismissed. He appealed to the Superior Court, and now seeks dismissal of the first complaint on the ground of…