Commonwealth v. Welch
Massachusetts Supreme Judicial Court
Complaint to the Police Court of Newton, alleging that the defendant, on April 18, 1885, at Newton, unlawfully exposed and kept for sale intoxicating liquors, with intent unlawfully to sell the same in this Commonwealth. Trial in the Superior Court, before Q-ardner, J., who allowed a bill of exceptions, in substance as follows: There was no evidence that the defendant exposed said liquors, but there was evidence tending to show that she kept them with intent to sell them.
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Complaint to the Police Court of Newton, alleging that the defendant, on April 18, 1885, at Newton, unlawfully exposed and kept for sale intoxicating liquors, with intent unlawfully to sell the same in this Commonwealth. Trial in the Superior Court, before Q-ardner, J., who allowed a bill of exceptions, in substance as follows: There was no evidence that the defendant exposed said liquors, but there was evidence tending to show that she kept them with intent to sell them. The defendant requested the judge to instruct the jury, that, ■ as there was no evidence that the defendant exposed…
1Opinion of the Court
By the Court.
The instructions given at the trial were correct. The judgment in Commonwealth v. Atkins, 136 Mass. 160, is decisive of this case.
Exceptions overruled.
2Cases cited1 opinion
- Commonwealth v. AtkinsMassachusetts Supreme Judicial Court · 1883
3Cited by4 opinions
- Commonwealth v. TayMassachusetts Supreme Judicial Court · 1888
- State v. SchoenthalerSupreme Court of Kansas · 1901
- Commonwealth v. MeskillMassachusetts Supreme Judicial Court · 1896
- Mercer v. StateIndiana Supreme Court · 1913