Commonwealth v. Briant

This is a complaint for unlawfully selling intoxicating liquors to a minor. The court assumed that the case was governed by Commonwealth v. Wachendorf, 141 Mass. 270; and instructed the jury that a sale by the defendant’s bar-tender might be explained by showing that it was not authorized by the master, or was done in violation of his orders and against his will.

On the question of authority, the defendant asked for a ruling, that “ agency for any other purpose will not warrant a *464presumption or inference of agency illegally to sell liquor.” The court refused the ruling; and instructed the…