Commonwealth v. Taylor
Massachusetts Supreme Judicial Court
Complaint to the Second District Court of Southern Worcester, under Gen. Sts. c. 87, §§ 6, 7, for keeping a tenement used for the illegal sale of intoxicating liquor. In the District Court the same motion to dismiss and the same demand for a jury trial were made as in the preceding case against the same defendant. The motion having been overruled, the demand disallowed, and the defendant found guilty, he appealed to the Superior Court.
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Complaint to the Second District Court of Southern Worcester, under Gen. Sts. c. 87, §§ 6, 7, for keeping a tenement used for the illegal sale of intoxicating liquor. In the District Court the same motion to dismiss and the same demand for a jury trial were made as in the preceding case against the same defendant. The motion having been overruled, the demand disallowed, and the defendant found guilty, he appealed to the Superior Court. The copy of the record transmitted upon the appeal was similar in form to the copy set forth in the preceding case. A similar' amendment was allowed, and a…
1Opinion of the CourtAmes, J.
Prima facie evidence of a fact we understand to be such as in judgment of law is sufficient to establish the fact; or such as in the absence of all controlling or discrediting evidence is conclusive, and must be so considered by the jury. Kelly v. Jackson, (6 Pet. 622. It is such as remains sufficient, if not rebutted. United States v. Wiggins, 14 Pet. 334. Delivery is one of the elements of sale, and the attending circumstances may or may not be such as to convince the jury that there was a sale in fact. But this of course depends upon their estimate of the effect of all the evidence taken…
2Cases cited3 opinions
- Kelly v. JacksonSupreme Court of the United States · 1832
- United States v. WigginsSupreme Court of the United States · 1840
- Jones v. McLeodMassachusetts Supreme Judicial Court · 1869
3Cited by1 opinion
- Commonwealth v. GavinMassachusetts Supreme Judicial Court · 1888