Commonwealth v. Welch
Massachusetts Supreme Judicial Court
Complaint for keeping and maintaining a common nuisance, to wit, a certain tenement in Brockton, used for the illegal sale and illegal keeping of intoxicating liquors, on January 1,1886, and on divers other days and times between that day and June 3, 1886. At the trial in the Superior Court, before Mason, J., a witness testified that he was a police officer, and was aiding another officer who had a warrant to search for intoxicating liquors in the defendant’s house, duly…
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Complaint for keeping and maintaining a common nuisance, to wit, a certain tenement in Brockton, used for the illegal sale and illegal keeping of intoxicating liquors, on January 1,1886, and on divers other days and times between that day and June 3, 1886. At the trial in the Superior Court, before Mason, J., a witness testified that he was a police officer, and was aiding another officer who had a warrant to search for intoxicating liquors in the defendant’s house, duly issued under the statute; and that the defendant was present; but it did not appear that any warrant was shown. The witness…
1Opinion of the Court
Br the COURT.
If we assume, in favor of the defendant, that the officer testified that the tumbler which he seized contained intoxicating liquor, his testimony was competent, without producing the liquor, or accounting for its absence. Such testimony is not secondary evidence, within the rule that the best evidence must be produced unless destroyed or otherwise accounted for. Commonwealth v. Blood, 11 Gray, 74. Commonwealth v. Pope, 103 Mass. 440.
Exceptions overruled.
2Cases cited1 opinion
- Commonwealth v. PopeMassachusetts Supreme Judicial Court · 1869
3Cited by3 opinions
- Finch v. W. R. Roach Co.Michigan Supreme Court · 1940
- Williams v. StateTennessee Supreme Court · 1942
- State v. DowSupreme Judicial Court of Maine · 1978