Commonwealth v. SCHATVEN

This was a trial by a jury of six in District Court on charges of operating a motor vehicle while under the influence of intoxicating liquor (G. L. c. 90, § 24) and of failing to stay within a single lane (G. L. c. 89, § 4A). The jury found the defendant guilty, upon conflicting evidence, of the former charge, and, upon a virtual admission, of the latter. As will appear, the verdict on the contested charge cannot stand as it was infected by prejudice arising from a mishandling by prosecutor and judge of the rule about “missing witnesses.” We recount the evidence briefly.

For the Commonwealth,…