Commonwealth v. Burke
Massachusetts Supreme Judicial Court
Complaint for keeping and maintaining a tenement used for the illegal sale and illegal keeping for sale of intoxicating liquors. At the trial in the Superior Court, before Aldrich, J., a witness, called by the government, was allowed, for the purpose of refreshing his recollection as to certain dates, to refer to memoranda, which he said he made at the times of the dates and occurrences of which he was about to testify.
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Complaint for keeping and maintaining a tenement used for the illegal sale and illegal keeping for sale of intoxicating liquors. At the trial in the Superior Court, before Aldrich, J., a witness, called by the government, was allowed, for the purpose of refreshing his recollection as to certain dates, to refer to memoranda, which he said he made at the times of the dates and occurrences of which he was about to testify. The defendant claimed the right to examine him as to the character of the book containing the memoranda, and as to the mode and manner of noting the entries, before he should…
1Opinion of the CourtAmes, J.
It was a matter wholly within the discretion of the judge whether the witness should be cross-examined as to the memorandum, before giving his testimony in chief upon the general facts of the case. The defendant’s rights were fully pro. *263tected, by having the opportunity, on the cross-examination, to inspect the memorandum, and to examine the witness in relation to it.
We see no ground of exception in the remaining rulings of the court. It was not necessary to prove that the place was kept mainly for the sale of intoxicating liquors, or that the defendant was the proprietor. Commonwealth v.…
2Cited by8 opinions
- Commonwealth v. GreenbergMassachusetts Supreme Judicial Court · 1959
- Bendett v. BendettMassachusetts Supreme Judicial Court · 1943
- Commonwealth v. FlecknerMassachusetts Supreme Judicial Court · 1896
- Village of St. Johnsbury v. ThompsonSupreme Court of Vermont · 1887
- Commonwealth v. ChurchillMassachusetts Supreme Judicial Court · 1883
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