Commonwealth v. Green

The defendant was convicted of operating a motor vehicle while under the influence of narcotic drugs *49(G. L. c. 90, § 24 [1988 ed.]). The evidence warranted a finding that, before his arrest, the defendant had consumed codeine for which he had a prescription. Chapter 90, § 24 (l)(a)(l), of the General Laws makes it an offense to operate a motor vehicle while under the influence of “narcotic drugs . . . as defined in [G. L. c. 94C, § l].”1 There was no direct evidence that codeine is a narcotic drug as defined in G. L. c. 94C, § 1.

The defendant moved for a required finding of not guilty. The…