These are two complaints: one charging that the defendant did operate a motоr véhicle upon a way in the
A police officer testified in substance thаt, acting upon information that the defendant was operating his automobile without a licеnse and while under the influence of liquor, at a little after 10 p.m. on June 30, 1927, he watched a touring сar with a New Hampshire registration standing at the curb on Main Street in Fitchburg, "headed west, without fights but under аn arc fight; that, a short time after, the defendant with one Benson and other men came out оf a house opposite the place where the car was; that Benson and the dеfendant walked across the street and got into the car; that the defendant took keys оut of his pocket, turned on the fights and started the motor; that the car moved four or five feet when it was stopped by the officer, and he placed the defendant under arrest. He further testified that the defendant was drunk. The defendant admitted pleading guilty to drunkenness in the District Court the following morning.
The defendant testified, in substance, that he lived in New Hampshire; that his car was registered there; that he had no license to operate in Massachusetts; that one Aho, who fivеs in New Hampshire, drove the car from New Hampshire to the place where it was found by thе officer; that they then separated and he had an appointment to meet Aho who was to drive him and Benson back to New Hampshire; that he got into the car behind the wheel, put the keys in the switch and turned on the fights as the car was not lighted; and that
The case was submitted to the jury under instructions and the defendant excepted to the part which follows: “If you find that the defendant while under the influence of intoxicating liquor got into his automobile which was standing in the street and manipulated the machinery of the motor for thе purpose of putting the automobile into motion, the defendant being in the car and in a рosition to control its [movements], the defendant would be guilty of operating the car under the influence of intoxicating liquor whether the automobile moved or not.” The exception to the charge must be overruled. A person operates a motor vehicle within the meaning of G. L. c. 90, § 24, when, in the vehicle, he intentionally does any act or makes use of any meсhanical or electrical agency which alone or in sequence will set in motion thе motive power of that vehicle. The words of the statute “Whoever upon any way oрerates a motor vehicle” include the setting in motion of the operative machinery of the vehicle as well as the driving of the vehicle under the power of the motor machinery. Commonwealth v. Henry,
The exclusion of the question “In getting in the front seat .... with Benson, what did you intend to do.. . . ” and the offеred proof that the witness would answer, “that , . . [he] merely intended to turn the lights on and that he would sit in the car with Benson and wait for his friend Aho to come and drive them to New Hampshire,” was right. The question fоr,the jury was what, did the defendant do as shown
Exceptions overruled.