Commonwealth v. McHugh
Massachusetts Supreme Judicial Court
Complaint to the Central District Court of Worcester, alleging that the defendant unlawfully did keep for sale intoxicating liquors.
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Complaint to the Central District Court of Worcester, alleging that the defendant unlawfully did keep for sale intoxicating liquors. At the trial in the Superior Court, on appeal, before Blodgett, J., evidence was introduced, against the objection of the defendant, that, as officers entered the kitchen of the defendant, one Comford, who was present, took a bottle, which seemed to have whiskey in it, from a table, upon which there was also a tumbler, and threw the bottle out of the window, the defendant then saying and doing nothing. The defendant contended that the evidence was inadmissible,…
1Opinion of the Court
By the Court.
The fact that the officers, upon entering the defendant’s kitchen, saw upon the table a bottle which appeared to contain whiskey, and a tumbler, was clearly competent. It was also competent to show what became of it, as a part of the res gestee, and to account for not producing it in court. Besides, the fact that the defendant permitted a person present to throw it out of the window, without any objection, is a significant indication that he did not have the bottle of whiskey for any innocent purpose.
Exceptions overruled.
2Cited by3 opinions
- Commonwealth v. SullivanMassachusetts Supreme Judicial Court · 1892
- Anderson v. CommonwealthCourt of Appeals of Kentucky · 1924
- Commonwealth v. GillonMassachusetts Supreme Judicial Court · 1888