Commonwealth v. Lyseth
Decision Date | 10 January 1925 |
Citation | 146 N.E. 18,250 Mass. 555 |
Parties | COMMONWEALTH v. LYSETH. |
Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
OPINION TEXT STARTS HERE
Exceptions from Superior Court, Middlesex County; W. H. Whiting, Judge.
Earl O. Lyseth was convicted of operating an automobile while under influence of intoxicating liquor, and he excepts. Exceptions overruled.
In prosecution under G. L. c. 90, s 24, for operating automobile while under influence of intoxicating liquor, it was not necessary to prove that defendant was drunk.
G. L. c. 90, s 24, prohibiting operation of automobiles while under influence of intoxicating liquor, is penal and regulatory.
In prosecution under G. L. c. 90, s 24, for operating automobile while under influence of intoxicating liquor, it was immaterial whether defendant exercised due care to avoid injury to other travelers.
A. K. Reading, Dist. Atty., and Chas. E. Lawrence, Asst. Dist. Atty., both of Boston, for the Commonwealth.
G. W. Pearson and F. H. Pearson, both of Lowell, for defendant.
The defendant having been tried and convicted on a complaint under G. L. c. 90, § 24, for operating an automobile while under the influence of intoxicating liquor, contends, that the trial judge erroneously refused to give the following requests as framed:
‘The defendant cannot be found guilty of driving while under the influence of intoxicating liquor unless the jury find that he was actually driving in a manner different from the way he would have driven had he taken no intoxicating liquor.’
‘If the defendant's manner of driving his motor vehicle under the circumstances of this case was that of a sober, careful man, he cannot be found guilty * * * of operating a motor vehicle while under the influence of intoxicating liquor.’
The only statement in the record as to the testimony is, that in addition to other evidence there was evidence that the defendant when seen by the witnesses at the place of the accident within half an hour thereafter, was under the influence of intoxicating liquor. We accordingly assume the jury could find, that the charge in the complaint had been proved.
‘Whoever upon any way operates a motor vehicle * * * while under the influence of intoxicating liquor * * * shall be punished by a fine of not less than twenty nor more than two hundred dollars or by imprisonment for not less than two weeks nor more than two years, or both; except that for a second offense of operating a motor vehicle while under the...
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Com. v. Cass
...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, 229 Mass. 19, 118 N.E. 224 (1917) ("operate"); Commonwealth v. Horsfal......
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...in this case will show that it is sufficient to prove defendant's intoxication; Hart v. State, 26 Ga.App. 64, 105 S.E. 383; Com. v. Lyseth, 250 Mass. 555, 146 N.E. 18; State v. Hayden, 126 Kan. 799, 271 P. Daniels v. State, 155 Tenn. 549, 296 S.W. 20; Lockhart v. State, 108 Tex. Cr. 597, 1 ......
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...to include imprisonment for at least two weeks but not to exceed two years, maximum fine of $200, or both); Commonwealth v. Lyseth, 250 Mass. 555, 558, 146 N.E. 18 (1925) (interpreting statute punishing driving "while under the influence of intoxicating liquor" in accordance with plain lang......
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Com. v. Griffin
...on the other hand, which is recognized in common speech, in ordinary experience, and in judicial decisions." Commonwealth v. Lyseth, 250 Mass. 555, 558, 146 N.E. 18 (1925), quoting from Cutter v. Cooper, 234 Mass. 307, 317-318, 125 N.E. 634 (1920).9 John also argues that the combination of ......
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Adam J. Kolber, the Experiential Future of the Law
...from conversations with Jennifer Mnookin. 94 Owens v. Commonwealth, 136 S.E. 765, 766-67 (Va. 1927); see also Commonwealth v. Lyseth, 146 N.E. 18, 18 (Mass. 1925) (making it a crime merely to drive "under the influence of intoxicating liquor"). 95 See, e.g., MASS. ANN. LAWS ch. 90, Sec. 24(......