293 Mass. 531 | Mass. | 1936
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 charg
The only exception is to the denial of a request that a verdict of not guilty be directed on the ground that the
The full contention of the defendant as stated in his brief is that the asserted constitutional right was denied him because the “essence of the offence of operating a motor vehicle while under the influence of intoxicating liquor is the condition of the defendant at the time. Evidence of a person who sees a defendant within four hours of his arrest has a definite probative value as to his condition when arrested. If within this period a defendant is denied access to a doctor, or access to a lawyer or friends who can procure a doctor or other person to observe the defendant’s condition, he is denied the right to produce all proofs that may be favorable to him. He is at the mercy of hostile witnesses.” There is no requirement of law that one arrested for drunkenness be afforded special opportunities for the preparation and collection of evidence that he is not guilty of that offence. The defendant having been arrested for drunkenness, it was the right, if not the duty, of the arresting officer to keep him “in custody in a suitable place until he has recovered from his intoxication.” G. L. (Ter. Ed.) c. 272, § 44. Considerable leniency in
Exceptions overruled.