Legal Opinion · Dissent

Commonwealth v. Oyewole

Massachusetts Appeals Court

Decided January 7, 2014No. 12-P-906Published

1DissentAgnes, J.

I agree with the majority that the judge was warranted in finding that the Commonwealth proved at trial beyond a reasonable doubt three of the four required elements of the charged offense, namely, that the defendant operated a motor vehicle on a public way after his license to operate had been suspended or revoked due to having previously admitted to sufficient facts for a finding of guilty of operating a motor vehicle while under the influence of liquor (OUI). See G. L. c. 90, § 23, third par. However, I do not agree that the Commonwealth presented sufficient evidence of the fourth required…

2Cases cited21 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Sandstrom v. MontanaSupreme Court of the United States · 1979
  3. Francis v. FranklinSupreme Court of the United States · 1985
  4. County Court of Ulster Cty. v. AllenSupreme Court of the United States · 1979
  5. Commonwealth v. LatimoreMassachusetts Supreme Judicial Court · 1979

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