Commonwealth v. Smithson

Following a bench trial in District Court, the defendant was convicted of motor vehicle homicide and operating a motor vehicle so as to endanger. G. L. c. 90, §§ 24, 24G. Both offenses are punishable as crimes only if they occur “upon any way or in any place to which members of the public have access as invitees or licensees.” G. L. c. 90, § 24(2)(íz), as appearing in St. 1974, c. 418; G. L. c. 90, § 24G(¿>), as appearing in St. 1982, c. 373, § 9. The defendant contends that the evidence was insufficient to establish, beyond a reasonable doubt, that the road upon which he was driving at the…