Legal Opinion

Commonwealth v. Sinclair

Massachusetts Supreme Judicial Court

Decided January 7, 1885PublishedCited by 4 opinions

Complaint to the Third District Court of Eastern Middlesex, in two counts, alleging that the defendant, on March 16 and 28, 1884, respectively, the same being the Lord’s day, at Cambridge, unlawfully sold intoxicating liquors to a person unknown, not having any license, appointment, or authority to make such sale. At the trial in the Superior Court, before Bacon, J., the jury returned a verdict of guilty ; and the defendant alleged exceptions, which appear in the opinion.

1Opinion of the CourtDevens, J.

1. The evidence of other sales, made on the same occasion as that when the facts testified to occurred, tending to show a sale to a person unknown, was admissible. Proof of such sales might aid in showing that the transaction relied on by the prosecution was a sale, by proving the business then and there conducted.

2. The instruction was given, “ that, if the defendant was not in the room with the proprietor, and the door was locked between him and the proprietor, and the defendant took orders for intoxicating liquors and delivered the liquor to the party ordering it, and took pay therefor, it…

2Cases cited3 opinions

  1. Ames v. McCamberMassachusetts Supreme Judicial Court · 1878
  2. Goodnow v. HillMassachusetts Supreme Judicial Court · 1878
  3. Draper v. SaxtonMassachusetts Supreme Judicial Court · 1875

3Cited by4 opinions

  1. Commonwealth v. LindseyMassachusetts Supreme Judicial Court · 1916
  2. Ketchum v. StateSupreme Court of Arkansas · 1916
  3. State v. HorowichSupreme Judicial Court of Maine · 1922
  4. Commonwealth v. LynchMassachusetts Supreme Judicial Court · 1890

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