Commonwealth v. Dube

We are presented with the question of the admissibility of a portion of a hospital record that shows a defendant’s blood alcohol content as determined by a test performed as a routine medical practice in the course of the treatment of the defendant following a motor vehicle accident. The defendant is charged with operating a motor vehicle while under the influence of intoxicating liquor. A Dis trict Court judge reported two questions to the Appeals Court before trial, and we transferred the case here.

The facts presented to us do not instruct us sufficiently on the reason for asking the first…