Commonwealth v. Welch
Massachusetts Supreme Judicial Court
Complaint for being a common seller of intoxicating liquor. At the trial in the superior court, on appeal, before Ames, C. J., it appeared in evidence that the defendant was at the time of the alleged offence, and ever since, the wife of one Michael Welch, and lived with him; and that he provided the liquors which were sold.
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Complaint for being a common seller of intoxicating liquor. At the trial in the superior court, on appeal, before Ames, C. J., it appeared in evidence that the defendant was at the time of the alleged offence, and ever since, the wife of one Michael Welch, and lived with him; and that he provided the liquors which were sold. There was also evidence tending to show that she made frequent sales of intoxicating liquor and received pay therefor, at their house; that at the time of some of these sales her husband was present in the room or about the premises, and that at the time of others he was…
1Opinion of the CourtChapman, J.
It is well settled that the conviction of another person for the same offence cannot be pleaded or offered in evidence as a bar to a prosecution of this nature, and the evidence was properly rejected.
The instructions given by the judge as to the influence and coercion of the defendant’s husband were in conformity with established principles. Exceptions overruled.
2Cited by5 opinions
- Parshall v. StateCourt of Criminal Appeals of Texas · 1911
- Commonwealth v. HillMassachusetts Supreme Judicial Court · 1887
- State v. BeaudetteSupreme Judicial Court of Maine · 1922
- Commonwealth v. DaleyMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. MunseyMassachusetts Supreme Judicial Court · 1873