Massachusetts Appeals Court January 18, 2018, 17–P–800 (Commonwealth v. Murphy)

After a jury trial, the defendant appeals2 from his convictions of operating a motor vehicle while under the influence of intoxicating liquor, second offense, and negligent operation of a motor vehicle. He contends that the judge erred in refusing his request to instruct the jury on the defenses of necessity and accident. See Commonwealth v. Magadini, 474 Mass.