Commonwealth v. Ham
Massachusetts Supreme Judicial Court
Complaint alleging that George W. Ham, at Haverhill, on June 23, 1888, “ unlawfully did keep intoxicating liquor with intent unlawfully to sell the same in this Commonwealth, he, the said Ham, not being authorized to sell the same in said Common wealth for any purpose or by any legal authority whatever.” Trial in the Superior Court, before Sherman, J., who allowed a bill of exceptions, in substance as follows.
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Complaint alleging that George W. Ham, at Haverhill, on June 23, 1888, “ unlawfully did keep intoxicating liquor with intent unlawfully to sell the same in this Commonwealth, he, the said Ham, not being authorized to sell the same in said Common wealth for any purpose or by any legal authority whatever.” Trial in the Superior Court, before Sherman, J., who allowed a bill of exceptions, in substance as follows. It appeared in evidence that the defendant kept a large establishment for the manufacture and bottling of ginger ale and light drinks at Ho. 58 Phoenix Row in Haverhill; that on the day…
1Opinion of the CourtDevens, J.
It may well be doubted whether, when a party consents to a verdict of guilty, he does not waive all objections, and whether he is not precluded from prosecuting his exceptions to rulings upon questions of evidence. Without, however, discussing this, it is quite clear that the defendant could not .thus prevent the court from withdrawing from the jury evidence which, on reflection, it deemed should not be considered. The court having announced before the verdict that it should exclude from the case the declaration made by the workman Brown, and should instruct the jury to disregard it, the…
2Cited by12 opinions
- Commonwealth v. BellinoMassachusetts Supreme Judicial Court · 1947
- Commonwealth v. MorrisonMassachusetts Supreme Judicial Court · 1925
- Allen v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
- Commonwealth v. ClineMassachusetts Supreme Judicial Court · 1913
- Commonwealth v. RudnickMassachusetts Supreme Judicial Court · 1945
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