Commonwealth v. Blankinship
Massachusetts Supreme Judicial Court
Complaint, under St. 1887, c. 448, § 2, to the Police Court of Brockton, charging the defendants with being present where gaming implements were found.
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Complaint, under St. 1887, c. 448, § 2, to the Police Court of Brockton, charging the defendants with being present where gaming implements were found. At the trial in the Superior Court, before Sherman, J., there was evidence tending to show that there was a duly and legally organized club of a membership of about one hundred and fifty, which occupied two rooms in the Whipple-Freeman block on Main Street in Brockton; that the rooms could be entered from the hallway through one door, which was kept closed and locked by a Yale lock, and could be opened by any person having a key which would…
1Opinion of the CourtKnowlton, J.
The only exception argued in this case is to the refusal of the judge to give the fourth and fifth instructions requested. There was ample evidence to warrant a finding that the rooms referred to were fitted up for the purpose of gaming, and were commonly resorted to and were used as a common gaming-house. The jury might disbelieve the testimony introduced in behalf of the defendants for the purpose of avoiding the ordinary inferences to be drawn from the circumstances shown by the Commonwealth. The fourth request was therefore rightly refused.
The fifth request presents the question whether,…
2Cases cited2 opinions
- Commonwealth v. AdamsMassachusetts Supreme Judicial Court · 1894
- Commonwealth v. WarrenMassachusetts Supreme Judicial Court · 1894
3Cited by4 opinions
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