Commonwealth v. Duggan

This is a complaint for operating an automobile while under the influence of intoxicating liquor. G. L. c. 90, § 24. The copy of the complaint in the record before us is dated on the first day of April, 1925, and charges that the defendant operated an automobile on a public way while under the influence of liquor on March 8, 1925. It contains no allegation that it was a second offence. The^ record further shows that the defendant was found guilty in the District Court and that he duly appealed.

It is stated in the bill of exceptions that a complaint for the same offence was made against the…