Commonwealth v. Duffy

1. Denial of motion for required findings of not guilty. To establish guilt under the driving to endanger statute, G. L. c. 90, § 24(2)(a), the Commonwealth must prove that the defendant (1) operated a motor vehicle, (2) upon a public way, (3) (recklessly or) negligently so that the lives or safety of the public might be endangered.1 See Commonwealth v. Jones, 382 Mass. 387, 392 (1981). The defendant claims that there was a failure of proof as to the third factor — that he had operated a motor vehicle negligently so that the lives and safety of the public might be endangered.

The evidence…