COMMONWEALTH v. GREEN

No. 89-P-233.

27 Mass. App. Ct. 762 (1989)

543 N.E.2d 424

COMMONWEALTH vs. DAVID S. GREEN.

Appeals Court of Massachusetts, Essex.

September 11, 1989.


Attorney(s) appearing for the Case

Donald S. Sheldon for the defendant.

Margaret J. Perry, Assistant District Attorney, for the Commonwealth.

Present: DREBEN, KASS, & SMITH, JJ.


DREBEN, J.

The primary issues in the defendant's appeal from his conviction for operating under the influence of narcotic drugs (G.L.c. 90, § 24) relate to the proof needed to show that codeine is a narcotic as defined in G.L.c. 94C, § 1. General Laws c. 90, § 24(1)(a)(1), as appearing in St. 1982, c. 373, § 2 ("driving under" statute), defines the offense as operating a motor vehicle ...

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