Legal Opinion

Commonwealth v. Molter

Massachusetts Supreme Judicial Court

Decided October 22, 1886PublishedCited by 1 opinion

Complaint for an unlawful sale of intoxicating liquor, at Clinton, on July 4,1886, the same being the Lord’s day, to some person to the complainant unknown. Trial in the Superior Court, on appeal, before Blodgett, J., who allowed a bill of exceptions, in substance as follows : The government offered one Kenney as a witness, who testified as follows: “ I know a place in Clinton, kept by Johq.

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Complaint for an unlawful sale of intoxicating liquor, at Clinton, on July 4,1886, the same being the Lord’s day, to some person to the complainant unknown. Trial in the Superior Court, on appeal, before Blodgett, J., who allowed a bill of exceptions, in substance as follows : The government offered one Kenney as a witness, who testified as follows: “ I know a place in Clinton, kept by Johq. Molter, on Main Street; the sign is 1 Railroad Restaurant.’ Between seven and half-past seven o’clock P. M., on Sunday, July 4, I stopped on the platform of the railroad station, in sight of Molter’s…

1Opinion of the CourtMorton, C. J.

There was evidence tending to show that the defendant sold intoxicating liquor on the Lord’s day, as alleged in the complaint. He had a license of the first class under the Pub. Sts. c. 100, and an innholder’s license. A deputy sheriff testified that the defendant kept the hotel and restaurant, with a bar-room in it.

One witness testified to seeing several sales of liquor made by the defendant behind the bar. If, on his cross-examination, he contradicted or qualified his statements made upon his direct examination, it was for the jury to say which they believed. There was evidence proper to be…

2Cases cited1 opinion

  1. Commonwealth v. TowleMassachusetts Supreme Judicial Court · 1885

3Cited by1 opinion

  1. Savage v. StateCourt of Criminal Appeals of Texas · 1905

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