Commonwealth v. Avola

A District Court jury found the defendant guilty of operating under the influence of intoxicating liquor (G. L. c. 90, § 24). He appealed, claiming that the judge erred in denying his motion for a required finding of not guilty filed during the trial and renewed after the verdict. The motion was grounded upon a claim that the complaint was defective in that it was not subscribed by the complainant and, therefore, violative of G. L. c. 276, § 22, as appearing in St. 1979, c. 344, § 20, which states:

“Upon complaint made to any justice that a crime has been committed, he shall examine on oath…