Commonwealth v. Green

The defendant is charged under St. 1923, c. 370, with having unlawfully manufactured intoxicating liquor without obtaining a permit or authority, as required by the laws and regulations of the United States. The case was submitted to a jury in the Superior Court on an agreed statement of facts. The defendant filed a motion.that the jury be instructed to return a verdict of not guilty; the motion was denied and the defendant excepted.

*459The trial judge instructed the jury in substance that as matter of law on the agreed facts they would be warranted in returning a verdict of guilty, and “you [the…