Commonwealth v. McDonald
Massachusetts Supreme Judicial Court
Complaint for the unlawful keeping for sale of intoxicating liquors. At the trial in the Superior Court, on appeal, before Staples, J., evidence was introduced tending to prove that the defendant and one Murphy, with others, were seen together on the Agricultural Fair grounds in Brockton; that Murphy stationed himself behind one of several carriages there standing, while the defendant, with others, went in among them; that the defendant took a tumbler and a bottle from his…
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Complaint for the unlawful keeping for sale of intoxicating liquors. At the trial in the Superior Court, on appeal, before Staples, J., evidence was introduced tending to prove that the defendant and one Murphy, with others, were seen together on the Agricultural Fair grounds in Brockton; that Murphy stationed himself behind one of several carriages there standing, while the defendant, with others, went in among them; that the defendant took a tumbler and a bottle from his pocket, and handed them to one of those with him, and thereupon all of them drank except the defendant; that after they…
1Opinion of the Court
By the Couet.
There was evidence showing that McDonald and Murphy were acting together as accomplices in keeping intoxicating liquor with intent to sell it illegally. The court therefore properly admitted evidence of the acts of Murphy immediately after the arrest of the defendant. The rights of the defendant were carefully guarded by the instruction that the jury should disregard the evidence unless they were satisfied that the parties were acting together as confederates in a common enterprise.
Exceptions overruled.
2Cited by4 opinions
- Attorney General v. PelletierMassachusetts Supreme Judicial Court · 1922
- Whitcomb v. Reed-Prentice Co.Massachusetts Supreme Judicial Court · 1928
- Commonwealth v. KellyMassachusetts Supreme Judicial Court · 1904
- Commonwealth v. MooreMassachusetts Supreme Judicial Court · 1892