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COMMONWEALTH v. RANAHAN

23 Mass. App. Ct. 201 (1986)

500 N.E.2d 1349

COMMONWEALTH vs. DIANE E. RANAHAN.

Appeals Court of Massachusetts, Middlesex.

December 2, 1986.

Attorney(s) appearing for the Case

John H. LaChance (Stephen E. Dawley with him) for the defendant.

David P. Linsky, Assistant District Attorney, for the Commonwealth.

Present: GREANEY, C.J., BROWN, & FINE, JJ.

BROWN, J.

The defendant claims that the judge's instruction to the jury on the definition of operating a motor vehicle while under the influence of intoxicating liquor was error. The judge's instruction used substantially the same language as that employed by another trial judge and held to be error in Commonwealth v. Connolly, 394 Mass. 169, 170-171 (1985).

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