Commonwealth v. Daly
Massachusetts Supreme Judicial Court
Complaint for an unlawful sale of intoxicating liquor, on July 17, 1888, to one Latter. At the trial in the Superior Court, on appeal, before Sherman, J., the defendant conceded that he made the sale to Latter, and the liquor sold was lager beer, but offered evidence tending to prove that the bottle from which the liquid was taken and sold to Latter was stamped “ tonic beer ”; that he intended to sell “ tonic beer,” and not lager beer; that a bottle containing lager beer had…
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Complaint for an unlawful sale of intoxicating liquor, on July 17, 1888, to one Latter. At the trial in the Superior Court, on appeal, before Sherman, J., the defendant conceded that he made the sale to Latter, and the liquor sold was lager beer, but offered evidence tending to prove that the bottle from which the liquid was taken and sold to Latter was stamped “ tonic beer ”; that he intended to sell “ tonic beer,” and not lager beer; that a bottle containing lager beer had been put into the ice-chest under his bar, where he kept the “ tonic beer,” by one of his servants, without his…
1Opinion of the Court
By the Court.
The complaint charges the sale of intoxicating liquor to one Latter. The defendant admitted that he sold lager beer to said Latter, and offered to show, as a defence, that he intended to sell, and supposed he was selling, “ tonic beer,” and not lager beer. It has been repeatedly held, that, if a man sells or keeps for sale intoxicating liquor, it is no. defence that he does not know it to be intoxicating, or that he supposed it to be something else. Commonwealth v. Savery, 145 Mass. 212, and cases cited. The ruling at the trial was in accordance with these cases, and was correct.…
2Cases cited1 opinion
- Commonwealth v. SaveryMassachusetts Supreme Judicial Court · 1887
3Cited by8 opinions
- Commonwealth v. MixerMassachusetts Supreme Judicial Court · 1910
- Commonwealth v. OberMassachusetts Supreme Judicial Court · 1934
- Commonwealth v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909
- Commonwealth v. GouldMassachusetts Supreme Judicial Court · 1893
- Commonwealth v. LaveryMassachusetts Supreme Judicial Court · 1905
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