Commonwealth v. Babcock
Massachusetts Supreme Judicial Court
Complaint to a justice of the peace, charging that the defendant conveyed certain intoxicating liquor from place to place in the county of Franklin, he having reasonable cause to believe that the same was intended to be sold in violation of law.
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Complaint to a justice of the peace, charging that the defendant conveyed certain intoxicating liquor from place to place in the county of Franklin, he having reasonable cause to believe that the same was intended to be sold in violation of law. At the trial, on appeal, in the Superior Court, before Eevens, J., there was evidence that the liquor in question was ale; that the defendant knew it was intended for sale in Montague; and that it was seized while he was carrying it thither. The defendant was examined as a witness, and his counsel asked him “ whether he knew, in point of fact, whether…
1Opinion of the CourtMorton, J.
The complaint charges that the defendant conveyed certain intoxicating liquor from place to place in the county of Franklin, he having reasonable cause to believe that the same was intended to be sold in violation of law. The evidence tended to show that he conveyed ale to Montague, and that he knew that it was intended for sale in Montague. The defendant requested the court to instruct the jury that the burden of proof was on the Commonwealth to show that the town of Montague did not allow the sale of ale within its limits. The court refused this ruling, and instructed the jury that if the…
2Cases cited1 opinion
- Commonwealth v. KennedyMassachusetts Supreme Judicial Court · 1871