Commonwealth v. O'Donnell
Massachusetts Supreme Judicial Court
- Complaint,, under the Púb. Sts. e. 100, alleging that the defendant, on September 8, 1886, at Boston, unlawfully exposed and kept for sale intoxicating liquors, with intent unlawfully to sell the same in this Commonwealth.
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- Complaint,, under the Púb. Sts. e. 100, alleging that the defendant, on September 8, 1886, at Boston, unlawfully exposed and kept for sale intoxicating liquors, with intent unlawfully to sell the same in this Commonwealth. Trial in the Superior Court, before Hammond, J., who allowed a bill of exceptions, in substance as follows: The government introduced evidence tending to show that, on September 8, 1886, officers duly seized upon the defendant’s premises, under a search-warrant, certain beer, being a sample from -a barrel on draught; that said beer contained more than three per cent of…
1Opinion of the CourtC. Allen, J.
So far as we can see, from the brief bill of exceptions, the defence was, not that the defendant was licensed, but that he kept for sale only a certain kind of beer, containing less than three per cent of alcohol. Admitting that he kept for sale the beer which was seized, the defendant, to support his defence, introduced evidence tending to show that he sold from four to five barrels of beer a week, believing it to contain less than three per cent. To meet this defence, the evidence which was objected to was competent. Commonwealth v. Pease, 110 Mass. 412. Commonwealth v. Goodman, 97 Mass.…
2Cases cited2 opinions
- Commonwealth v. GoodmanMassachusetts Supreme Judicial Court · 1867
- Commonwealth v. PeaseMassachusetts Supreme Judicial Court · 1872
3Cited by1 opinion
- Commonwealth v. MeaneyMassachusetts Supreme Judicial Court · 1890