Commonwealth v. Endicott

After the defendant had been convicted in the District Court of motor vehicle homicide (G.L. c. 90, § 24G), the Commonwealth sought a ruling of law prior to trial in the jury of six session concerning the application of G. L. c. 90, § 24G, to a beach in Plymouth. Instead, the District Court judge reported two questions to this court under Mass.R.Crim.P. 34, 378 Mass. 905 (1979). The following is one of the questions reported:

“Whether the testimony in the appended transcript sets forth evidence describing a homicide scene sufficient for a rational jury to find, beyond a reasonable doubt, that…