Commonwealth v. Wetherbee
Massachusetts Supreme Judicial Court
Indictment on the Gen. Sts. c. 88, § 1, for presuming to be an innholder without being licensed. Trial in the superior court before Brigham, J., who allowed a bill of exceptions substantially as follows : At the trial, there was evidence which tended to show that the defendant occupied a house in Woburn known as the Central House, near which was a post, with a swinging sign, inscribed “ Central House,” (but not with the defendant’s name,) which had swung there for ten years;…
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Indictment on the Gen. Sts. c. 88, § 1, for presuming to be an innholder without being licensed. Trial in the superior court before Brigham, J., who allowed a bill of exceptions substantially as follows : At the trial, there was evidence which tended to show that the defendant occupied a house in Woburn known as the Central House, near which was a post, with a swinging sign, inscribed “ Central House,” (but not with the defendant’s name,) which had swung there for ten years; that formerly, (but precisely when, the bill of exceptions did not show,) the house, and a stable connected with it by…
1Opinion of the CourtHoar, J.
The defendant’s prayers for instructions were generally correct, being indeed, as his counsel states, made in the very language of adjudged cases. But the court were under no obligation to adopt the exact language of these prayers; and the instructions given seem to us to have been accurate, and to have comprised all that the evidence in the case required, including, in substance, all of the propositions which were sound, and which the evidence tended to support.
The principal error in the defence seems to have been, that a man could not be convicted of “ presuming to be an innholder” under…
2Cited by7 opinions
- Commissioner of Corporations & Taxation v. ClubMassachusetts Supreme Judicial Court · 1945
- Tamerlane Realty Trust v. Board of AppealsMassachusetts Appeals Court · 1987
- Commonwealth v. LaveryMassachusetts Supreme Judicial Court · 1905
- Horton v. Terminal Hotel & Arcade Co.Missouri Court of Appeals · 1905
- Metzler v. Terminal Hotel Co.Missouri Court of Appeals · 1909
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