Commonwealth v. Barila

A District Court jury convicted the defendant, Jeffrey W. Barila, of operating under the influence of intoxicating liquor.2 On appeal, the defendant claims that the judge erred by allowing in evidence (1) portions of his hospital records; (2) bad character and propensity evidence; and (3) a photograph depicting bottles of alcohol. The defendant also contends that the prosecutor argued facts not in evidence during his closing argument. We affirm the conviction.

Discussion. 1. Medical records. Prior to trial, Barila filed a motion in limine in which he sought to exclude certain portions of his…