Commonwealth v. Kendall

In this case, we consider whether the defendant, Clinton Kendall, was entitled to a jury instruction on the defense of necessity with respect to a charge of operating a motor vehicle while under the influence of intoxicating liquor (OUI), G. L. c. 90, § 24 (1) (a) (1), where the defendant was driving in order to get his seriously injured girl friend to a hospital for medical care. A jury found the defendant guilty of OUI, and he *11was sentenced to two years of probation, with conditions.1 In an unpublished memorandum and order pursuant to its rule 1:28, the Appeals Court affirmed the District…