Commonwealth v. Pomphret
Massachusetts Supreme Judicial Court
Complaint alleging that the defendant, on September 27, 1883, at Springfield, kept intoxicating liquors with intent unlawfully to sell the same in this Commonwealth.
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Complaint alleging that the defendant, on September 27, 1883, at Springfield, kept intoxicating liquors with intent unlawfully to sell the same in this Commonwealth. Trial in the Superior Court, before Knowlton, J., who, after a verdict of guilty, and with the consent of the defendant, reported the case for the determination of this court, in substance as follows: It appeared in evidence, that, on the day named in the complaint, a quantity of intoxicating liquors was seized under a search warrant at the house occupied by the defendant. The defendant testified, and, for the purposes of the…
1Opinion of the CourtField, J.
The instructions given, in their application to the facts in evidence, do not seem to us to differ materially from the instructions which were held erroneous in Commonwealth v. Smith, 102 Mass. 144, except that, in that case, the court below ruled that the facts supposed “ would be a sale by the defendant ; ” and, in this case, the court ruled that, from the facts supposed, “ the jury may find that said liquors were kept by ” the defendant,“for unlawful sale.” This change in the ruling may *566have been made for the purpose of meeting the suggestion found in the opinion in Commonwealth v. Smith,…
2Cases cited6 opinions
- Marmont v. StateIndiana Supreme Court · 1874
- Martin v. StateSupreme Court of Alabama · 1877
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1869
- Seim v. StateCourt of Appeals of Maryland · 1881
- Rickart v. PeopleIllinois Supreme Court · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Van Pelt v. HilliardSupreme Court of Florida · 1918
- Commissioner of Corporations & Taxation v. ClubMassachusetts Supreme Judicial Court · 1945
- In the Matter of TroyMassachusetts Supreme Judicial Court · 1973
- Cuzner v. the California ClubCalifornia Supreme Court · 1909
- People v. SouleMichigan Supreme Court · 1889
27 more not listed; retrieve them via the Exa API.