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COMMONWEALTH v. GREEN

408 Mass. 48 (1990)

556 N.E.2d 387

COMMONWEALTH vs. DAVID S. GREEN.

Supreme Judicial Court of Massachusetts, Essex.

July 12, 1990.

Attorney(s) appearing for the Case

Donald S. Sheldon for the defendant.

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

Present: LIACOS, C.J., WILKINS, LYNCH, O'CONNOR, & GREANEY, JJ.

WILKINS, J.

The defendant was convicted of operating a motor vehicle while under the influence of narcotic drugs (G.L.c. 90, § 24 [1988 ed.]). The evidence warranted a finding that, before his arrest, the defendant had consumed codeine for which he had a prescription. Chapter 90, § 24 (1)(a)(1), of the General Laws makes it an offense to operate a motor vehicle while under the influence of "narcotic drugs ... as...

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