Legal Opinion
Commonwealth v. Kiss
Massachusetts Appeals Court
Decided September 9, 2003No. 02-P-1013PublishedCited by 7 opinions
1Opinion of the CourtSmith, J.
The defendant was tried by a jury of six in the Lawrence District Court on a complaint charging him with operating a motor vehicle while under the influence of alcohol. At the conclusion of the Commonwealth’s evidence, the *248defendant filed a motion for a required finding of not guilty, which was denied. The jury subsequently returned a guilty verdict on the complaint.
On appeal, the defendant claims error in denying his motion for a required finding of not guilty. He also requests that we adopt a “shelter defense” for those persons who, while operating a motor vehicle after consuming alcohol,…
2Cases cited12 opinions
- Commonwealth v. LatimoreMassachusetts Supreme Judicial Court · 1979
- Atkinson v. StateCourt of Appeals of Maryland · 1993
- City of Naperville v. WatsonIllinois Supreme Court · 1997
- Commonwealth v. PacciaMassachusetts Supreme Judicial Court · 1958
- Commonwealth v. MaraMassachusetts Supreme Judicial Court · 1926
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Commonwealth v. BelliveauMassachusetts Appeals Court · 2010
- Commonwealth v. Morris M.Massachusetts Appeals Court · 2007
- Commonwealth v. StoddardMassachusetts Appeals Court · 2009
- Commonwealth v. CabralMassachusetts Appeals Court · 2010
- Commonwealth v. VirgilioMassachusetts Appeals Court · 2011
2 more not listed; retrieve them via the Exa API.