Commonwealth v. Bridges

CourtUnited States State Supreme Judicial Court of Massachusetts
Writing for the CourtCROSBY
Citation285 Mass. 572,189 N.E. 616
PartiesCOMMONWEALTH v. BRIDGES.
Decision Date26 March 1934

285 Mass. 572
189 N.E. 616

COMMONWEALTH
v.
BRIDGES.

Supreme Judicial Court of Massachusetts, Middlesex.

March 26, 1934.


Report from Superior Criminal Court, Middlesex County; Allan G. Buttrick, Judge.

Charles Bridges was convicted of operating a motor vehicle while under the influence of intoxicating liquor, and he appeals.

Affirmed.


[285 Mass. 573]E. J. Bushell, of Malden, for appellant.

P. R. Foisy, Asst. Dist. Atty., of Lowell, for the Commonwealth.


CROSBY, Justice.

The defendant was charged in a complaint which alleges that on July 17, 1933, at Medford, in the county of Middlesex, he operated a motor vehicle while under the influence of intoxicating liquor. G. L. (Ter. Ed.) c. 90, § 24. Upon appeal the case was tried before a jury who found the defendant guilty. The judge instructed the jury that ‘notwithstanding the fact that the defendant had been drinking 3.2 beer by weight, that if, in fact, he became perceptibly influenced thereby, he could be found guilty of the offense as charged in the complaint.’ The case is reported to this court for a determination of the question whether the court erred in giving the instruction.

G. L. (Ter. Ed.) c. 138, § 1, defined ‘certain non-intoxicating beverages' as ‘all beverages containing not less than one half of one per cent and not more than two and three fourths per cent of alcohol by weight at sixty degrees Fahrenheit. Such beverages shall be deemed not to be intoxicating liquor.’ This statute was amended by St. 1933, c. 97, § 1, by striking

[189 N.E. 617]

out in the fifth and sixth lines the words ‘two and three fourths per cent of alcohol by weight at sixty degrees Fahrenheit’ and inserting in place thereof the words ‘three and two tenths per cent of alcohol by weight. * * *’ It is apparent from the preamble to the act that its purpose was ‘to enable the manufacture and the preparation within the commonwealth, in conformity with [285 Mass. 574]the requirements of federal law, of certain alcoholic beverages the sale whereof had been made lawful by act of Congress.’ The statute has no relation to the offenses set forth in G. L. (Ter. Ed.) c. 90, § 24, under which this complaint was drawn. Within the intent of that statute any liquor is intoxicating which in fact is capable of subjecting a person to its alcoholic influence. See Commonwealth v. Lyseth, 250 Mass. 555, 146 N. E. 18. The statute (St. 1933, c. 97) did not amount to a warranty on the part of the commonwealth that a person might drink any...

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6 practice notes
  • Payne v. Kinder, No. 12163
    • United States
    • Supreme Court of West Virginia
    • October 23, 1962
    ...the sale of such beverages and of facilitating the enforcement and collection of the license tax imposed. Commonwealth v. Bridges, 285 Mass. 572, 189 N.E. 616; Drew v. State, 71 Okl.Cr. 415, 112 P.2d 429; Foglesong v. State, 69 Okl.Cr. 360, 103 P.2d 106; State v. Parquette, 54 R.I. 283, 172......
  • Com. v. Cass
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • August 16, 1984
    ...We have defined many of the terms used in G.L. c. 90, § 24, the parent statute of § 24G. See, e.g., Commonwealth v. Bridges, 285 Mass. 572, 189 N.E. 616 (1934) ("intoxicating liquor"); Commonwealth v. Arone, 265 Mass. 128, 163 N.E. 758 (1928) ("wilful, wanton and reckless&quo......
  • State v. Glanzman, 7468
    • United States
    • United States State Supreme Court of Idaho
    • January 26, 1949
    ...refuse the requested instruction: State v. Taylor, 131 Me. 438, 163 A. 777; State v. Cormier, 141 Me. 307, 43 A.2d 819; Com. v. Bridges, 285 Mass. 572, 189 N.E. 616; Daniels v. State, 155 Tenn. 549, 296 S.W. 20; Stewart v. State, 108 Tex.Cr.R. 199, 299 S.W. 646, at page 648; State v. Storrs......
  • State v. Miles
    • United States
    • Court of Appeals of Oregon
    • April 18, 1972
    ...Act, defines 'alcoholic liquor' 4 (emphasis supplied) for purposes of that Act, and would not be applicable. See Commonwealth v. Bridges, 285 Mass. 572, 189 N.E. 616 (1934); Douglas v. State, 93 Okl.Cr. 132, 225 P.2d 376 As far as we can determine, the question what is 'intoxicating liquor'......
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6 cases
  • Payne v. Kinder, No. 12163
    • United States
    • Supreme Court of West Virginia
    • October 23, 1962
    ...the sale of such beverages and of facilitating the enforcement and collection of the license tax imposed. Commonwealth v. Bridges, 285 Mass. 572, 189 N.E. 616; Drew v. State, 71 Okl.Cr. 415, 112 P.2d 429; Foglesong v. State, 69 Okl.Cr. 360, 103 P.2d 106; State v. Parquette, 54 R.I. 283, 172......
  • Com. v. Cass
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • August 16, 1984
    ...We have defined many of the terms used in G.L. c. 90, § 24, the parent statute of § 24G. See, e.g., Commonwealth v. Bridges, 285 Mass. 572, 189 N.E. 616 (1934) ("intoxicating liquor"); Commonwealth v. Arone, 265 Mass. 128, 163 N.E. 758 (1928) ("wilful, wanton and reckless&quo......
  • State v. Glanzman, 7468
    • United States
    • United States State Supreme Court of Idaho
    • January 26, 1949
    ...refuse the requested instruction: State v. Taylor, 131 Me. 438, 163 A. 777; State v. Cormier, 141 Me. 307, 43 A.2d 819; Com. v. Bridges, 285 Mass. 572, 189 N.E. 616; Daniels v. State, 155 Tenn. 549, 296 S.W. 20; Stewart v. State, 108 Tex.Cr.R. 199, 299 S.W. 646, at page 648; State v. Storrs......
  • State v. Miles
    • United States
    • Court of Appeals of Oregon
    • April 18, 1972
    ...Act, defines 'alcoholic liquor' 4 (emphasis supplied) for purposes of that Act, and would not be applicable. See Commonwealth v. Bridges, 285 Mass. 572, 189 N.E. 616 (1934); Douglas v. State, 93 Okl.Cr. 132, 225 P.2d 376 As far as we can determine, the question what is 'intoxicating liquor'......
  • Request a trial to view additional results

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