Legal Opinion
Commonwealth v. McGillivary
Massachusetts Appeals Court
Decided January 25, 2011No. 09-P-507PublishedCited by 7 opinions
1Opinion of the CourtKatzmann, J.
The defendant Robert McGillivary appeals from a conviction by a Superior Court jury of operating a motor vehicle under the influence of intoxicating liquor (OUT), fourth offense, in violation of G. L. c. 90, § 24(l)(a)(l).1 His principal issue focuses on the meaning of “operation” under that statute. We affirm.
1. Operation of the motor vehicle. A. Operation as matter of law. At trial, the Commonwealth pursued only one theory: that the defendant, who was under the influence of intoxicating liquor and was found slumped over the wheel, operated a motor vehicle by putting the keys in the ignition…
2Cases cited36 opinions
- Commonwealth v. LatimoreMassachusetts Supreme Judicial Court · 1979
- Barry v. CommonwealthMassachusetts Supreme Judicial Court · 1983
- Hughes v. StateCourt of Criminal Appeals of Oklahoma · 1975
- Commonwealth v. TuittMassachusetts Supreme Judicial Court · 1985
- Commonwealth v. LongMassachusetts Supreme Judicial Court · 1995
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3Cited by7 opinions
- Commonwealth v. BeltrandiMassachusetts Appeals Court · 2016
- Commonwealth v. FinnertyMassachusetts Appeals Court · 2018
- Commonwealth v. John LaraceMassachusetts Supreme Judicial Court · 2025
- Commonwealth v. Michael J. WurtzbergerMassachusetts Supreme Judicial Court · 2025
- Commonwealth v. MurphyMassachusetts Appeals Court · 2018
2 more not listed; retrieve them via the Exa API.