Commonwealth v. Munsey
Massachusetts Supreme Judicial Court
Complaint to a trial justice charging that the defendant was a common seller of intoxicating liquor. At the trial in the Superior Court, upon appeal, before Bacon, J., the government, to prove one of the sales, called one Dunakin, who testified that he went to the house of Robert Munsey, the defendant’s husband, just at dusk, and got a pint of gin “ of a lady there,” and paid for it; that there were “ one or two other young ladies ” there; that it was “ rather dark; ” that…
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Complaint to a trial justice charging that the defendant was a common seller of intoxicating liquor. At the trial in the Superior Court, upon appeal, before Bacon, J., the government, to prove one of the sales, called one Dunakin, who testified that he went to the house of Robert Munsey, the defendant’s husband, just at dusk, and got a pint of gin “ of a lady there,” and paid for it; that there were “ one or two other young ladies ” there; that it was “ rather dark; ” that he thought the lady who sold him the liquor was Mrs. Munsey, but he could not swear positively that it was. Being further…
1Opinion of the CourtAmes, J.
It is impossible to say, upon this report, that there was no evidence that the sale to Dunakin was made by the defendant. Its weight and effect were for the jury to decide.
*289With regard to the remaining exception, it has been decided that if a wife, in the absence of her husband, do a criminal act, even in obedience to his order, her coverture will be no defence. Commonwealth v. Murphy, 2 Gray, 510. Commonwealth v. Feeney, 13 Allen, 560. Commonwealth v. Gannon, 97 Mass. 547. In order to make out the defence that she was acting under the coercion or control of the husband, it must appear that he…
2Cases cited2 opinions
- Commonwealth v. GannonMassachusetts Supreme Judicial Court · 1867
- Commonwealth v. WelchMassachusetts Supreme Judicial Court · 1867
3Cited by4 opinions
- Handy v. FoleyMassachusetts Supreme Judicial Court · 1876
- Commonwealth v. DaleyMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. FlahertyMassachusetts Supreme Judicial Court · 1886
- State v. MartiniSupreme Court of New Jersey · 1910