Commonwealth v. Finnerty

A jury convicted the defendant of operating a motor vehicle while under the influence of alcohol.2 During their deliberations the jury submitted a note to the trial judge asking whether a testifying witness, the defendant's brother, could be "charge[d] ... if he was the one driving." The judge conferred with the attorneys and, with their agreement, instructed the jury that the issue raised was beyond the scope of their consideration.3 The defendant appeals, now claiming error in the judge's instruction.

The charges arose out of a motor vehicle accident that occurred on a residential street in…