Commonwealth v. Clarke

CourtUnited States State Supreme Judicial Court of Massachusetts
Writing for the CourtCARROLL
Citation254 Mass. 566,150 N.E. 829
PartiesCOMMONWEALTH v. CLARKE.
Decision Date25 February 1926

254 Mass. 566
150 N.E. 829

COMMONWEALTH
v.
CLARKE.

Supreme Judicial Court of Massachusetts, Suffolk.

Feb. 25, 1926.


Exceptions from Superior Court, Suffolk County; E. B. Bishop, Judge.

Franklin T. Clarke was convicted of operating a motor vehicle while under the influence of intoxicating liquor, and he excepts. Exceptions overruled.

1. Automobiles k332-To operate vehicle while intoxicated, engine need not be running (G. L. c. 90, s 24, amended by St. 1925, c. 297).

To operate a motor vehicle on a highway while intoxicated, in violation of G. L. c. 90, s 24, amended by St. 1925, c. 297, it is not necessary that the engine be running.

2. Automobiles k332-Manipulation of gears by drunken driver, permitting automobile to move forward by own weight, held ‘operation of motor vehicle’ (G. L. c. 90, s 24, amended by St. 1925, c. 297).

Manipulation of gears of standing automobile by drunken driver, which permitted it to move forward by its own weight and collide with another automobile, held ‘operation of a motor vehicle,’ within G. L. c. 90, s 24, amended by St. 1925, c. 297.

254 Mass. 566]E. J. Harrigan, Asst. Dist. Atty., of Boston, for the commonwealth.

P. H. Kelley, of Boston, for defendant.


CARROLL, J.

The defendant was charged with operating a motor vehicle while under the influence of intoxicating liquor. G. L. c. 90, § 24, as amended by St. 1925, c. 297. The defendant admitted that he was under the influence of liquor, but denied that he operated a motor vehicle in violation of the statute.

Joseph Solomon, a witness for the commonwealth, testified that on June 10, 1925, about 30 minutes after 5 [254 Mass. 567]o'clock in the afternoon, he was in an automobile on Huntington avenue, Boston, moving in the direction of Brookline, and by reason of the traffic, came to a stop; that while his vehicle was standing in the traffic line, he felt a slight jar and

[150 N.E. 830

found that the defendant's automobile had collided with the rear mud guard of his own car. The traffic officer testified that the defendant was seated behind the wheel of his automobile; that his engine was not running; that ‘there is a slight incline at the place where the defendant's car was.’ The defendant testified that he stopped his car in front of 891 Huntington avenue and ‘shut off his engine’; that he drank some whisky and when he returned to his automobile he ‘realized he had taken too much liquor,’ and ‘decided to leave his car just where it was'; that he proceeded to lock the...

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35 practice notes
  • Commonwealth v. Virgilio, No. 10–P–519.
    • United States
    • Appeals Court of Massachusetts
    • May 24, 2011
    ...the use of a motor vehicle [while intoxicated] in all places within the Commonwealth.’ ” Ibid., quoting from Commonwealth v. Clarke, 254 Mass. 566, 568, 150 N.E. 829 (1926), and Commonwealth v. Clancy, 261 Mass. 345, 348, 158 N.E. 758 (1927). In Commonwealth v. Paccia, 338 Mass. 4, 6, 153 N......
  • Com. v. Cass
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • August 16, 1984
    ...758 (1928) ("wilful, wanton and reckless"); Commonwealth v. Uski, 263 Mass. 22, 160 N.E. 305 (1928) ("operate"); Commonwealth v. Clarke, 254 Mass. 566, 150 N.E. 829 (1926) ("operate"); Commonwealth v. Lyseth, 250 Mass. 555, 146 N.E. 18 (1925) ("under the influence"); Commonwealth v. Henry, ......
  • Commonwealth v. Belliveau, No. 09-P-467.
    • United States
    • Appeals Court of Massachusetts
    • June 1, 2010
    ...was passed for the protection of travellers on highways,” and therefore presumably persons in motor vehicles. See Commonwealth v. Clarke, 254 Mass. 566, 567-568, 150 N.E. 829 (1926) (movement of car for several feet by mere shifting of gear and without engagement of the engine by the driver......
  • Com. v. Connolly
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • February 28, 1985
    ...in G.L. c. 90, § 24(1)(a )(1). "The statute was passed for the protection of travellers upon highways...." Commonwealth v. Clarke, 254 Mass. 566, 568, 150 N.E. 829 (1926). See also Commonwealth v. Lyseth, 250 Mass. 555, 558, 146 N.E. 18 In Commonwealth v. Lyseth, supra, the defendant appeal......
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35 cases
  • Commonwealth v. Virgilio, No. 10–P–519.
    • United States
    • Appeals Court of Massachusetts
    • May 24, 2011
    ...the use of a motor vehicle [while intoxicated] in all places within the Commonwealth.’ ” Ibid., quoting from Commonwealth v. Clarke, 254 Mass. 566, 568, 150 N.E. 829 (1926), and Commonwealth v. Clancy, 261 Mass. 345, 348, 158 N.E. 758 (1927). In Commonwealth v. Paccia, 338 Mass. 4, 6, 153 N......
  • Com. v. Cass
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • August 16, 1984
    ...758 (1928) ("wilful, wanton and reckless"); Commonwealth v. Uski, 263 Mass. 22, 160 N.E. 305 (1928) ("operate"); Commonwealth v. Clarke, 254 Mass. 566, 150 N.E. 829 (1926) ("operate"); Commonwealth v. Lyseth, 250 Mass. 555, 146 N.E. 18 (1925) ("under the influence"); Commonwealth v. Henry, ......
  • Commonwealth v. Belliveau, No. 09-P-467.
    • United States
    • Appeals Court of Massachusetts
    • June 1, 2010
    ...was passed for the protection of travellers on highways,” and therefore presumably persons in motor vehicles. See Commonwealth v. Clarke, 254 Mass. 566, 567-568, 150 N.E. 829 (1926) (movement of car for several feet by mere shifting of gear and without engagement of the engine by the driver......
  • Com. v. Connolly
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • February 28, 1985
    ...in G.L. c. 90, § 24(1)(a )(1). "The statute was passed for the protection of travellers upon highways...." Commonwealth v. Clarke, 254 Mass. 566, 568, 150 N.E. 829 (1926). See also Commonwealth v. Lyseth, 250 Mass. 555, 558, 146 N.E. 18 In Commonwealth v. Lyseth, supra, the defendant appeal......
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