Legal Opinion

Commonwealth v. Stevenson

Massachusetts Supreme Judicial Court

Decided October 21, 1886PublishedCited by 26 opinions

Complaint for unlawfully selling intoxicating liquors to a minor, on January 20, 1886. Trial in the Superior Court, before Thompson, J., who allowed a bill of exceptions, in substance as follows: The government introduced as a witness one Rollins, and asked him where he was born. His answer was, “In Boston.” The district attorney then asked him how old he was.

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Complaint for unlawfully selling intoxicating liquors to a minor, on January 20, 1886. Trial in the Superior Court, before Thompson, J., who allowed a bill of exceptions, in substance as follows: The government introduced as a witness one Rollins, and asked him where he was born. His answer was, “In Boston.” The district attorney then asked him how old he was. To this question the defendant objected; but the judge permitted the question to be answered, against the defendant’s exception. The witness answered, that he was twenty years old on May 15,1885. The witness was then asked if he went to…

1Opinion of the Court

.Holmes, J.

The instructions to the jury stated that a sale to a minor by a bar-tender in the course of his master’s lawful business raised a presumption of fact against the master, in stronger terms than in Commonwealth v. Briant, ante, 463; and the exceptions must be sustained for the reasons given in that case. The sale seems to have been to the same person as in Commonwealth v. Briant, and the facts disclose that, by his own statement, the alleged minor was twenty years and eight months at the time the sale took place. This fortifies the suggestion in the former opinion, that the sale…

2Cases cited3 opinions

  1. State v. CainWest Virginia Supreme Court · 1876
  2. Cheever v. CongdonMichigan Supreme Court · 1876
  3. Hill v. EldridgeMassachusetts Supreme Judicial Court · 1879

3Cited by26 opinions

  1. Commonwealth v. Beneficial Finance CompanyMassachusetts Supreme Judicial Court · 1971
  2. Ciarmataro v. AdamsMassachusetts Supreme Judicial Court · 1931
  3. Commonwealth v. StevensMassachusetts Supreme Judicial Court · 1891
  4. Creer v. Active Auto Exchange, Inc.Supreme Court of Connecticut · 1923
  5. Chicago & Alton Railroad v. LewandowskiIllinois Supreme Court · 1901

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