Commonwealth v. Barney

By the Couet.

The defendant was tried upon a complaint charging that he operated an automobile on a public way “while under the influence of intoxicating liquor, said offence being a second offence.” G. L. c. 90, § 24, as amended by St. 1925, c. 297, § 1. There was no evidence to support that part of the complaint which charged a second offence. The judge instructed the jury to disregard that part of the complaint and to consider the case as a charge of a first offence. The motion by the defendant.for a directed verdict in his favor was denied rightly. Commonwealth v. Lang, 10 Gray, 11.…