Commonwealth v. Mangan
| Court | United States State Supreme Judicial Court of Massachusetts |
| Writing for the Court | RUGG |
| Citation | 293 Mass. 531,200 N.E. 911 |
| Parties | COMMONWEALTH v. MANGAN. |
| Decision Date | 04 March 1936 |
293 Mass. 531
200 N.E. 911
COMMONWEALTH
v.
MANGAN.
Supreme Judicial Court of Massachusetts, Norfolk.
March 4, 1936.
Exceptions from Superior Court, Norfolk County; R. M. Walsh, Judge.
John J. S. Mangan was convicted of operating an automobile on a public highway while under the influence of liquor. On defendant's exceptions.
Exceptions overruled.
[293 Mass. 531]R. G. Clark, Jr., of Brockton, for the Commonwealth.
C. F. Haywood, of Boston, for defendant.
RUGG, Chief Justice.
The defendant was tried to a jury on two complaints, one charging him with being drunk by the voluntary use of intoxicating liquor, and the other charging[293 Mass. 532]him with operating an automobile on a public way while under the influence of liquor; each complaint charged that the offence was committed at Dedham on July 12, 1935. These exceptions relate to the latter complaint alone. G.L.(Ter.Ed.) c. 90, § 24. Testimony was given by police officers in considerable detail as to the conduct, appearance and speech of the defendant after he was under arrest and in the police station at Dedham in the evening of the specified day, amply warranting a finding that at that time he was under the influence of intoxicating liquor and was drunk. There was also evidence tending to show that the defendant made many requests and asked that messages be sent for him; that no message was sent for him; that the defendant's mother telephoned about midnight to know what she could do for him, and that the defendant replied to the police officer that it was too late to do anything but asked that she notify his lawyer. The mother testified that she was told that the defendant had no message for her. The defendant testified that on the occasion in question ‘he had had two or three ten-ounce glasses of beer; that he did not stagger when asked to walk by the arresting officer; that when taken to the police station, he asked if he could have a doctor, that he was told he could’ if he was sick; that he requested that his mother, who lived in Lynn, be notified where he was, and thereafter at frequent intervals requested that messages be sent to various people including his mother and his attorney; that a police officer offered at one point to send a message for him but by reason of altercation as to its form refused to transmit it; that after being placed in a cell he ‘kicked and rattled the bars to draw’ the attention of those in the police station; that ‘he felt the beer he had drunk had a soothing...
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Com. v. Diaz
...proofs, that may be favorable to him; ... and to be fully heard in his defense by himself, or his counsel," see Commonwealth v. Mangan, 293 Mass. 531, 533, 200 N.E. 911 (1936); when one does testify, it is the art. 12 guarantee that "no subject shall be ... deprived of his life, liberty, or......
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Com. v. Alano
...(1982); Commonwealth v. Brooks, 366 Mass. 423, 424 n. 2, 319 N.E.2d 901 (1974). 4 We note that to the extent that Commonwealth v. Mangan, 293 Mass. 531, 533, 200 N.E. 911 (1936), suggests that a driver arrested for operating a motor vehicle while intoxicated has no right to an opportunity t......
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Com. v. Blaikie
...a defense: "(E)very subject shall have a right to produce all proofs, that may be favorable to him . . . ." See Commonwealth v. Mangan, 293 Mass. 531, 533, 200 N.E. 911 (1936). See also G.L. c. 263, § c. Mass.Adv.Sh. (1978) 255. 4 It is true that the testimony of Dr. Bigelow became of speci......
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Com. v. Andrade
...under the influence of intoxicating liquor is the condition of the defendant at the time" (emphasis in original). Commonwealth v. Mangan, 293 Mass. 531, 533, 200 N.E. 911 (1936). Thus, G.L. c. 263, § 5A, creates a right to obtain evidence that is available for only a short period of time an......
-
Com. v. Diaz
...proofs, that may be favorable to him; ... and to be fully heard in his defense by himself, or his counsel," see Commonwealth v. Mangan, 293 Mass. 531, 533, 200 N.E. 911 (1936); when one does testify, it is the art. 12 guarantee that "no subject shall be ... deprived of his life, liberty, or......
-
Com. v. Alano
...(1982); Commonwealth v. Brooks, 366 Mass. 423, 424 n. 2, 319 N.E.2d 901 (1974). 4 We note that to the extent that Commonwealth v. Mangan, 293 Mass. 531, 533, 200 N.E. 911 (1936), suggests that a driver arrested for operating a motor vehicle while intoxicated has no right to an opportunity t......
-
Com. v. Blaikie
...a defense: "(E)very subject shall have a right to produce all proofs, that may be favorable to him . . . ." See Commonwealth v. Mangan, 293 Mass. 531, 533, 200 N.E. 911 (1936). See also G.L. c. 263, § c. Mass.Adv.Sh. (1978) 255. 4 It is true that the testimony of Dr. Bigelow became of speci......
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Com. v. Andrade
...under the influence of intoxicating liquor is the condition of the defendant at the time" (emphasis in original). Commonwealth v. Mangan, 293 Mass. 531, 533, 200 N.E. 911 (1936). Thus, G.L. c. 263, § 5A, creates a right to obtain evidence that is available for only a short period of time an......