Legal Opinion

Commonwealth v. Ewig

Massachusetts Supreme Judicial Court

Decided October 20, 1887PublishedCited by 9 opinions

Complaint to the Police Court of Springfield, alleging that the defendant, on September 12, 1886, at Springfield, sold intoxicating liquor to a person to the complainant unknown. At the trial in the Superior Court, on appeal, before Bacon, J., it appeared in evidence, that, on the evening of the day named in the complaint, the defendant, in the club-room of the club hereinafter described, delivered lager beer to a man whose name was to the complainant unknown.

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Complaint to the Police Court of Springfield, alleging that the defendant, on September 12, 1886, at Springfield, sold intoxicating liquor to a person to the complainant unknown. At the trial in the Superior Court, on appeal, before Bacon, J., it appeared in evidence, that, on the evening of the day named in the complaint, the defendant, in the club-room of the club hereinafter described, delivered lager beer to a man whose name was to the complainant unknown. Two police officers, witnesses for the government, testified that they were by a window on the outside of the building, looking…

1Opinion of the CourtKnowlton, J.

The contention between the parties upon these exceptions relates solely to the interpretation of the judge’s charge. The defendant excepted to the qualification of the last instruction which he had requested. He contends that the jury must have understood the judge as saying, that, if several persons *122buy liquor and divide it among themselves, even though the transaction is real and genuine, and do it with a purpose thereby to obtain their liquor more economically than to buy it of some one who is obliged to pay the government a license fee, and with an additional purpose to deprive in that…

2Cited by9 opinions

  1. Koenig v. StateCourt of Criminal Appeals of Texas · 1894
  2. People v. . Adelphi ClubNew York Court of Appeals · 1896
  3. Barden v. Montana ClubMontana Supreme Court · 1891
  4. State ex inf. Harvey v. Missouri Athletic ClubSupreme Court of Missouri · 1914
  5. People v. . AndrewsNew York Court of Appeals · 1889

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