Commonwealth v. Sudderth

The defendant appeals from his conviction, after a jury-waived trial, for operating a motor vehicle under the influence of intoxicating liquor, second offense (G. L. c. 90, § 24),1 contending that the evidence was insufficient both with respect to whether he operated a vehicle and whether he was under the influence of alcohol at the time in issue. The *318defendant filed a motion for a required finding of not guilty at the close of the Commonwealth’s case pursuant to Mass.R.Crim.P. 25, 378 Mass. 896 (1979). Since he did not renew that motion after he presented his defense, we limit our…