Legal Opinion
Commonwealth v. Hart
Massachusetts Appeals Court
Decided July 27, 1988No. 87-1389PublishedCited by 14 opinions
1Opinion of the CourtKass, J.
James J. Hart, IV, the defendant, concedes that when the police stopped him past midnight on April 25, 1986, he was driving under the influence of intoxicating liquor. The question he raises on appeal is whether, at the time the police first noticed him, he was operating “upon any way or in any place to which members of the public have access as invitees or licensees.” G. L. c. 90, § 24(l)(a)(l), as appearing in St. 1982, c. 373, § 2. Hart was convicted of violating that statute.
At trial before a jury of six the defendant timely moved for a required finding of not guilty. Mass.R.Crim.P.…
2Cases cited8 opinions
- Commonwealth v. LatimoreMassachusetts Supreme Judicial Court · 1979
- Commonwealth v. KelleyMassachusetts Supreme Judicial Court · 1976
- Commonwealth v. SevieriMassachusetts Appeals Court · 1986
- Commonwealth v. PacciaMassachusetts Supreme Judicial Court · 1958
- Commonwealth v. CharlandMassachusetts Supreme Judicial Court · 1959
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Commonwealth v. Angelo Todesca Corp.Massachusetts Supreme Judicial Court · 2006
- Commonwealth v. CallahanMassachusetts Supreme Judicial Court · 1989
- Commonwealth v. GeorgeMassachusetts Supreme Judicial Court · 1990
- Commonwealth v. SmithsonMassachusetts Appeals Court · 1996
- Commonwealth v. BelliveauMassachusetts Appeals Court · 2010
9 more not listed; retrieve them via the Exa API.