Commonwealth v. Donnelly
Massachusetts Supreme Judicial Court
Complaint, received and sworn to in the District Court of Lowell on August 23, 1922, charging the defendant with exposing and keeping for sale intoxicating liquor with intent unlawfully to sell the same. On appeal to the Superior Court, the case was tried before Sisk, J. Material evidence and an exception saved by the defendant are described in the opinion. The defendant was found guilty and alleged an exception. The case was submitted on briefs.
1Opinion of the CourtRugg, C.J.
This is a complaint charging that the defendant exposed and kept intoxicating liquor with intent to sell the same contrary to law. G. L. c. 138, § 2. There was ample evidence tending to support the charge. Officers with a search warrant entering the store of the defendant found him near an open window holding in his upraised hand a package through which protruded the neck of a bottle. The officers seized the package, which was found to contain *508two bottles of intoxicating liquor. The single exception is to the admission in evidence of the bottles thus obtained.
They were admissible in evidence.…
2Cases cited11 opinions
- Burdeau v. McDowellSupreme Court of the United States · 1921
- Walker v. SauvinetSupreme Court of the United States · 1876
- Morley v. Lake Shore & Michigan Southern Railway Co.Supreme Court of the United States · 1892
- Rogers v. AlabamaSupreme Court of the United States · 1904
- American Railway Express Co. v. LeveeSupreme Court of the United States · 1923
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3Cited by10 opinions
- People v. DeforeNew York Court of Appeals · 1926
- Commonwealth v. DiStasioMassachusetts Supreme Judicial Court · 1936
- People v. GonzalesCalifornia Supreme Court · 1942
- Meisinger v. StateCourt of Appeals of Maryland · 1928
- Valli v. United StatesCourt of Appeals for the First Circuit · 1938
5 more not listed; retrieve them via the Exa API.