Commonwealth v. Phillips

The defendant has appealed from his conviction on a complaint charging him with operating a motor vehicle while under the influence of intoxicating liquor (G. L. c. 90, § 24[1][a]). After the denial of his motion to dismiss, which was based on the ground of former jeopardy, the defendant was tried before a jury of six in a District Court, found guilty and fined. The only issue raised on appeal is whether there was error in the denial of his motion to *487dismiss. The case is before us on an agreed statement of the record. Mass.R.A.P. 8(d), as amended, 378 Mass. 932 (1979).

It appears from that…