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COMMONWEALTH v. ROLLINS

441 Mass. 114 (2004)

COMMONWEALTH v. MICHAEL ROLLINS.

Supreme Judicial Court of Massachusetts, Essex.

February 26, 2004.

Attorney(s) appearing for the Case

Jacqueline Y. Parker for the defendant.

Daniel I. Smulow, Assistant District Attorney, for the Commonwealth.

Beth Eisenberg, Committee for Public Counsel Services, for Committee for Public Counsel Services, amicus curiae, submitted a brief.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

GREANEY, J.

A District Court jury convicted the defendant of operating a motor vehicle while under the influence of intoxicating liquor, G. L. c. 90, § 24. In affirming the conviction, the Appeals Court rejected the defendant's arguments that there was insufficient evidence of his diminished ability to drive safely, and that he was prejudiced by a "missing witness" instruction given to the jury in conjunction with remarks...

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