Commonwealth v. USKI

CourtUnited States State Supreme Judicial Court of Massachusetts
Writing for the CourtPIERCE
Citation160 N.E. 305,263 Mass. 22
Decision Date05 March 1928
PartiesCOMMONWEALTH v. USKI (two cases).

263 Mass. 22
160 N.E. 305

COMMONWEALTH
v.
USKI (two cases).

Supreme Judicial Court of Massachusetts, Worcester.

March 5, 1928.


Exceptions from Superior Criminal Court, Worcester County; Butterworth, Judge.

William Uski was found guilty of operating a motor vehicle on a way in the city of Fitchburg while intoxicated, having been previously convicted of a similar offense, and of operating a motor vehicle after his right to operate it had been suspended within the commonwealth, and he brings exceptions. Exceptions overruled.

1. Municipal corporations k707-Instruction that one manipulating machinery to put automobile in motion is operating it, regardless of whether automobile moves, held not error in prosecution for drunken driving; ‘operation of motor vehicle’ (G. L. c. 90, s 24).

In prosecution for operating motor vehicle while intoxicated, instruction that defendant was operating car if he manipulated machinery for purpose of putting automobile in motion, regardless of whether it moved, held not error, since ‘operation of motor vehicle,’ within G. L. c. 90, s 24, is intentional act of person in vehicle which alone or in sequence will set in motion motive power of such vehicle.

2. Criminal law k390-Evidence showing intention of defendant in getting into automobile held inadmissible in prosecution for drunken driving.

In prosecution for operating motor vehicle while intoxicated, exclusion of question as to what defendant intended to do when getting into front seat of car, and offered proof that witness would answer he intended to turn lights on and await arrival of another, held not error; question for jury being what defendant did, and not what he intended to do.

3. Criminal law k1170(2)-Excluding evidence of defendant's intent in getting into car, in prosecution for drunken driving, if error, held harmless, in view of other testimony.

In prosecution for operating motor vehicle while intoxicated, exclusion of evidence tending to show defendant's intention in getting into automobile, if error, held harmless, in view of testimony on cross-examination that he got into car and turned lights on and waited for another.

263 Mass. 22]H. W. Brown, Asst. Dist. Atty., of Whitinsville, and E. G. Norman, Asst. Dist. Atty., of Worcester, for the Commonwealth.

J. A. Anderson, of Boston, for defendant.


PIERCE, J.

These are two complaints; one charging that the defendant did operate a motor vehicle upon a way in the [263 Mass. 23]city of Fitchburg while under the...

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54 practice notes
  • Commonwealth v. Virgilio, No. 10–P–519.
    • United States
    • Appeals Court of Massachusetts
    • May 24, 2011
    ...a mechanical or electrical means which alone, or in sequence, will set in motion “the motive power” of the vehicle. Commonwealth v. Uski, 263 Mass. 22, 24, 160 N.E. 305 (1928). See Commonwealth v. Merry, 453 Mass. 653, 661, 904 N.E.2d 413 (2009), and cases cited; Commonwealth v. Sudderth, 3......
  • Com. v. Cass
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • August 16, 1984
    ...("intoxicating liquor"); Commonwealth v. Arone, 265 Mass. 128, 163 N.E. 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. ......
  • Mercer v. Department of Motor Vehicles, No. S017249
    • United States
    • United States State Supreme Court (California)
    • May 6, 1991
    ...v. State, supra, 128 S.E.2d 528, 530-531 (construing "operate" in 1953 Ga.Laws pp. 556, 575, art. V., § 47); Commonwealth v. Uski (1928) 263 Mass. 22, 160 N.E. 305, 306 (construing "operates" in Mass.Gen.L., ch. 90, § 24); State v. Ruona (1958) 133 Mont. 243, 321 P.2d 615, 618-619 (construi......
  • Commonwealth v. Merry, SJC-10250
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • April 16, 2009
    ...the power of the motor machinery." Commonwealth v. Ginnetti, 400 Mass. 181, 183-184, 508 N.E.2d 603 (1987), quoting Commonwealth v. Uski, 263 Mass. 22, 24, 160 N.E. 305 (1928). Generally, operation and negligence are two separate elements. In this case, however, where the defense was that t......
  • Request a trial to view additional results
54 cases
  • Commonwealth v. Virgilio, No. 10–P–519.
    • United States
    • Appeals Court of Massachusetts
    • May 24, 2011
    ...a mechanical or electrical means which alone, or in sequence, will set in motion “the motive power” of the vehicle. Commonwealth v. Uski, 263 Mass. 22, 24, 160 N.E. 305 (1928). See Commonwealth v. Merry, 453 Mass. 653, 661, 904 N.E.2d 413 (2009), and cases cited; Commonwealth v. Sudderth, 3......
  • Com. v. Cass
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • August 16, 1984
    ...("intoxicating liquor"); Commonwealth v. Arone, 265 Mass. 128, 163 N.E. 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. ......
  • Mercer v. Department of Motor Vehicles, No. S017249
    • United States
    • United States State Supreme Court (California)
    • May 6, 1991
    ...v. State, supra, 128 S.E.2d 528, 530-531 (construing "operate" in 1953 Ga.Laws pp. 556, 575, art. V., § 47); Commonwealth v. Uski (1928) 263 Mass. 22, 160 N.E. 305, 306 (construing "operates" in Mass.Gen.L., ch. 90, § 24); State v. Ruona (1958) 133 Mont. 243, 321 P.2d 615, 618-619 (construi......
  • Commonwealth v. Merry, SJC-10250
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • April 16, 2009
    ...the power of the motor machinery." Commonwealth v. Ginnetti, 400 Mass. 181, 183-184, 508 N.E.2d 603 (1987), quoting Commonwealth v. Uski, 263 Mass. 22, 24, 160 N.E. 305 (1928). Generally, operation and negligence are two separate elements. In this case, however, where the defense was that t......
  • Request a trial to view additional results

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