Commonwealth v. Crombie

After a jury trial in the District Court, the defendant, William H. Crombie, was convicted of operating a motor vehicle while under the influence of intoxicating liquor. G. L. c. 90, § 24 (1) (a ) (1). On appeal, the defendant claims that the trial judge erred in (1) failing to instruct the jury that the police officer's testimony was lay testimony rather than expert testimony and (2) permitting testimony, without expert foundation, of two particular field sobriety tests (FST), and (3) that the cumulative effect of the errors requires reversal. We affirm.

Discussion. 1. Jury instruction. The…