Commonwealth v. Hallett
Massachusetts Supreme Judicial Court
Complaint on the St. of 1869, c. 415, to a trial justice in Barnstable, for an unlawful sale of intoxicating liquor to Toby Scoby. At the trial, on appeal, in the superior court, before Dewey, J., Scoby testified that the defendant sold to him a bottle containing what was called “ plantation bitters; ” and that he drank all the contents of the bottle the next day and thereby got grossly drunk.
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Complaint on the St. of 1869, c. 415, to a trial justice in Barnstable, for an unlawful sale of intoxicating liquor to Toby Scoby. At the trial, on appeal, in the superior court, before Dewey, J., Scoby testified that the defendant sold to him a bottle containing what was called “ plantation bitters; ” and that he drank all the contents of the bottle the next day and thereby got grossly drunk. “ The defendant, being called as a witness in his own behalf, and having admitted the sale, was asked by his counsel whether he in good faith sold the article as a medicine, and whether it was generally…
1Opinion of the CourtChapman, C. J.
The defendant had no right to sell intoxicating drinks, even if he sold them in good faith as a medicine; so that the evidence on that subject was immaterial. Nor was the question whether he knew the character of the liquor material.
The instructions given to the jury are not to be understood as applicable to cider, because it was not pretended that the article sold was cider. Exceptions overruled.
2Cited by28 opinions
- United States v. BalintSupreme Court of the United States · 1922
- Commonwealth v. PierceMassachusetts Supreme Judicial Court · 1884
- Commonwealth v. MixerMassachusetts Supreme Judicial Court · 1910
- Ex Parte HarperSupreme Court of Alabama · 1991
- Commonwealth v. WeissSupreme Court of Pennsylvania · 1891
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