Commonwealth v. Stathopoulos

After trial by a jury of six, the defendant, Kenneth P. Stathopoulos, was convicted of operating a motor vehicle while under the influence of intoxicating liquor, G. L. c. 90, § 24(1) (a) (1), and operating a motor vehicle negligently so that the lives and safety of the public might be endangered, G. L. c. 90, § 24 (2) (a). The defendant appealed to the Appeals Court alleging error in the jury instructions. The Appeals Court reversed the conviction for operating under the influence of intoxicating liquor, and affirmed the conviction for operating a motor vehicle negligently so that the lives…