ABRAMS, J.
At a de novo trial before a jury of six, see G.L.c. 218, § 27A, the defendant, Frederick R. LeRoy, Jr., was convicted of the offense of operating a motor vehicle while under the influence of intoxicating liquor. G.L.c. 90, § 24. General Laws c. 90, § 24 (1) (b), provides that
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