Commonwealth v. Schutte

The defendant appeals from his conviction of operating under the influence of intoxicating liquor. We reverse on the ground that the judge erroneously excluded a report from the defendant’s physician that was admissible under G. L. c. 233, § 79G. We also briefly discuss other issues.

1. Evidence at trial. There was testimony from Officer William Quigley of the Cohasset police that, on May 26, 1997, at about 12:50 a.m., he saw a vehicle being driven erratically. When he stopped the vehicle and approached the driver, later identified as the defendant, he detected a strong smell of alcohol coming…