Commonwealth v. Cleary
Massachusetts Supreme Judicial Court
Two complaints, charging the defendant with keeping intoxicating liquors with intent unlawfully to sell the same. At the trial in the Superior Court, on appeal, before Dewey, J., the government offered evidence of two seizures of intoxicating liquors upon the premises occupied by the defendant’s family.
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Two complaints, charging the defendant with keeping intoxicating liquors with intent unlawfully to sell the same. At the trial in the Superior Court, on appeal, before Dewey, J., the government offered evidence of two seizures of intoxicating liquors upon the premises occupied by the defendant’s family. The defendant, who offered evidence that his wife owned the premises and the liquors, and that she had sold liquor in his absence and without his knowledge, contended that he had used his best endeavors to prevent his wife from having or selling any liquor, and offered to show that before the…
1Opinion of the CourtHolmes, J.
1. The defendant’s offer to prove by his wife that he showed her that he was opposed to her owning and having intoxicating liquors, was allowed by the presiding judge so far .as it related to acts. So far as it related to the effect of private *493conversations between tbe two, tbe only legal way of proving this was by proving the substance of the words spoken. As the defendant was not at liberty to prove the latter, he could not prove the former. Pub. Sts. c. 169, § 18, cl. 1.
2. Evidence of the defendant’s acts after the last seizure was inadmissible. He could not make evidence for himself in…
2Cited by5 opinions
- Sampson v. SampsonMassachusetts Supreme Judicial Court · 1916
- Nichols v. RosenfeldMassachusetts Supreme Judicial Court · 1902
- Chase v. PhillipsMassachusetts Supreme Judicial Court · 1891
- Fuller v. FullerMassachusetts Supreme Judicial Court · 1900
- Leland v. ConverseMassachusetts Supreme Judicial Court · 1902