Bishop v. Commonwealth

This petition under G. L. e. 211, § 3 (as amended through St. 1956, c. 707, § 1), 1 is reserved and reported without decision by a single justice. G. L. c. 214, § 31. The facts were agreed. The petitioner was convicted in the District Court of Brockton on complaints charging drunkenness (G. L. c. 272, § 48) and driving under the influence of intoxicating liquor (G. L. c. 90, § 24 [1] [a] [as amended through St. 1963, c. 369, § 2]) on March 29, 1965. On a date not disclosed in the record he appealed to the District Court of Brockton for trial before a jury of six. St. 1964, c. 660.

The fifth…