Commonwealth v. Bryer

The defendant, James A. Bryer, was tried and convicted of operating a motor vehicle while under the influence of intoxicating liquor and of operating a motor vehicle negligently so that the lives and safety of the public might be endangered. G. L. c. 90, § 24 (1) (a), (2) (a). He appealed and we took the case on our own motion. We consider whether (1) the defendant was deprived of a fair trial by the prosecutor’s references to the defendant’s failure to call a witness; (2) the judge erred in denying the defendant’s request for a continuance to procure a witness; and (3) whether the judge’s…