Commonwealth v. Cleary
Massachusetts Supreme Judicial Court
Complaint under the St. of 1869, e. 415, § 36, for keeping intoxicating liquor with intent to sell the same contrary to law. At the trial in the superior court, before Wilkinson, J., the evidence on which the Commonwealth relied was, that two state constables found a small quantity of liquor in the defendant’s house, under circumstances tending to show that it was for sale.
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Complaint under the St. of 1869, e. 415, § 36, for keeping intoxicating liquor with intent to sell the same contrary to law. At the trial in the superior court, before Wilkinson, J., the evidence on which the Commonwealth relied was, that two state constables found a small quantity of liquor in the defendant’s house, under circumstances tending to show that it was for sale. The defendant requested the judge to instruct the jury, that “ the mere fact of having liquor in his possession on a single occasion was not sufficient to warrant them in finding the defendant guilty, but that the…
1Opinion of the Court
By the Court.
The possession is sufficient, if it be only on a single occasion and for a short time. Exceptions overruled.
2Cited by5 opinions
- Commonwealth v. AtkinsMassachusetts Supreme Judicial Court · 1883
- State v. SchoenthalerSupreme Court of Kansas · 1901
- Commonwealth v. WoelzMassachusetts Supreme Judicial Court · 1914
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1914
- Commonwealth v. CarrMassachusetts Supreme Judicial Court · 1873