Commonwealth v. Rarick

The defendant, Keith R. Rarick, was convicted of operating a motor vehicle while under the influence of intoxicating liquor, second or subsequent offense, in violation of G. L. c. 90, § 24(l)(a)(l). On appeal, the defendant contends that during the trial of the underlying offense, at the close of the Commonwealth’s case, his motion for a required finding of not guilty should have been allowed because the evidence that he was under the influence of alcohol was not sufficient to warrant a finding by the jury that this element had been proved beyond a reasonable doubt. Because we conclude that…