Burke v. Commonwealth

Thomas F. Burke (hereinafter called the defendant), asks this court to exercise its extraordinary powers under G. L. c. 211, § 3. The case was originally submitted on the basis of pleadings and a statement of agreed facts to a single justice of this court who reserved and reported it without decision.

We review the facts as agreed to by the parties. On November 16, 1974, the defendant was arrested on charges arising out of an automobile accident. On April 3 and 4, 1975, 1 he was tried in the District Court of Lowell on two misdemeanor charges, operating a motor vehicle so as to endanger, G. L.…