Commonwealth v. Stoehr
Massachusetts Supreme Judicial Court
Complaint on the St. of 1869, c. 415, §§ 31, 36, to the municipal court of the city of Boston, averring that the defendant on January 22,1872, kept intoxicating liquor with intent to sell the same.
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Complaint on the St. of 1869, c. 415, §§ 31, 36, to the municipal court of the city of Boston, averring that the defendant on January 22,1872, kept intoxicating liquor with intent to sell the same. At the trial in the superior court on appeal, before Brigham, C. J., the Commonwealth was allowed, against the defendant’s objection, to introduce evidence of a seizure of intoxicating liquor at the place kept by the defendant, and of sales of liquor there after the seizure and within three weeks preceding January 22,1872. The jury returned a verdict of guilty, and 'the defend ant alleged…
1Opinion of the Court
By the Court.
The evidence of a seizure of intoxicating liquor at the place kept by the defendant, and of sales made there a short time before the day named in the complaint, was admissible. It tended to prove that the liquors found on the premises on the day named in the complaint were kept by the defendant with the intent to sell them in violation of law.
Exceptions overruled.
2Cited by4 opinions
- Commonwealth v. FinnertyMassachusetts Supreme Judicial Court · 1889
- State v. PlunkettSupreme Judicial Court of Maine · 1874
- Commonwealth v. KelleyMassachusetts Supreme Judicial Court · 1874
- Commonwealth v. KlosowskiMassachusetts Supreme Judicial Court · 1925