Commonwealth v. Murphy

After a jury trial, the defendant appeals2 from his convictions of operating a motor vehicle while under the influence of intoxicating liquor, second offense, and negligent operation of a motor vehicle. He contends that the judge erred in refusing his request to instruct the jury on the defenses of necessity and accident. See Commonwealth v. Magadini, 474 Mass. 593, 597 (2016) (necessity defense); Commonwealth v. Power-Koch, 69 Mass. App. Ct. 735, 737 (2007) (accident defense). An instruction on either defense would have been required had the evidence, viewed in the light most favorable to…