Commonwealth v. Quinn

A District Court jury convicted the defendant, Brian Quinn, of operating while under the influence of alcohol, G. L. c. 90, § 24.1 The defendant claims that the judge should have allowed his motion for a required finding of not guilty, and that in closing argument the prosecutor improperly urged the jury to consider how they would explain their verdict to “a loved one at home or your friend on the phone . . . .” Although *333there was sufficient evidence to submit the case to the jury, we reverse the conviction because of the prosecutor’s improper closing argument.

1. Factual background. The jury…