People v. Bettencourt

The defendant was convicted of the crime of maintaining a nuisance, to wit,, a place where alcoholic liquors are unlawfully kept for sale. The defendant moved for a new trial, which was denied. The appeal is from the order denying the motion for new trial, and also from the judgment of conviction.

The first point made for reversal is that the court erred in its instructions on the subject of reasonable doubt, in that it did not give to the jury the instruction found in the case of Commonwealth v. Webster, 5 Cush. (Mass.) 320 [52 Am. Dec. 711], This contention is partly true, but it overlooks…