Commonwealth v. Dearborn
Massachusetts Supreme Judicial Court
Complaint on the St. of 1869, c. 415, § 31, to the municipal court of the city of Boston, for keeping intoxicating liquor on December 21, 1871, at Boston in the county of Suffolk, with intent to sell, At the trial in the superior court on appeal, before Brigham, C. J,t Frederick A. Marsh, a state constable, testified “ that on December 21, 1871, he seized a quantity of whiskey, gin and cherry rum in a shop which was fitted up as bar-rooms usually are, at the comer of Hanover…
Read the full summary
Complaint on the St. of 1869, c. 415, § 31, to the municipal court of the city of Boston, for keeping intoxicating liquor on December 21, 1871, at Boston in the county of Suffolk, with intent to sell, At the trial in the superior court on appeal, before Brigham, C. J,t Frederick A. Marsh, a state constable, testified “ that on December 21, 1871, he seized a quantity of whiskey, gin and cherry rum in a shop which was fitted up as bar-rooms usually are, at the comer of Hanover and Commercial Streets; that the liquors and the vessels in which they were contained were taken from under a counter;…
1Opinion of the Court
By the Court.
1. The admission by the defendant in July 1871, that he was the proprietor of the shop in which the liquors were found on the day named in the complaint, was competent. It had some tendency to show that he was the proprietor of the shop on the day named in the complaint. Commonwealth v. Hildreth, 11 Gray, 327. For the same reason, the testimony that the defendant was seen in the shop, between July 1871 and the day named in the complaint, was competent.
2. The cards which were attached to jugs found in the shop were properly admitted in evidence. Commonwealth v. Blood, 11 Gray, 74.…
2Cases cited1 opinion
- Commonwealth v. JenningsMassachusetts Supreme Judicial Court · 1871
3Cited by7 opinions
- Commonwealth v. FinnertyMassachusetts Supreme Judicial Court · 1889
- Galdston v. McCarthyMassachusetts Supreme Judicial Court · 1938
- DeLeo v. JeffersonMassachusetts Supreme Judicial Court · 1954
- Moffitt v. PeopleSupreme Court of Colorado · 1915
- Commonwealth v. EarlyMassachusetts Supreme Judicial Court · 1894
2 more not listed; retrieve them via the Exa API.