Commonwealth v. Crowell

Before trial of these cases in a jury-of-six session in a District Court, a judge reported six questions of law to the Appeals Court. See Mass. R. Crim. P. 34, 378 Mass. 905 (1979); G. L. c. 218, § 27A (d) (1986 ed.). Each case involves a charge of operating a motor vehicle on a public way while under the influence of intoxicating liquor. G. L. c. 90, § 24 (1) (a) (1) (1986 ed.). After these cases had been consolidated for appellate review, we transferred them here. The questions are set forth in the margin. 2 On the facts presented and arguments advanced, we answer each in favor of the…