SMITH, J.
The defendant was tried and convicted by a jury in the District Court on a complaint charging that he operated an automobile while under the influence of intoxicating liquor, in violation of G.L.c. 90, § 24 (1)(a)(1). The sole contested issue at the trial was whether the defendant had operated the vehicle within the meaning of the statute. The defendant claims on appeal that, in view of the evidence at the trial, the judge instructed the jury...
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