Commonwealth v. McCabe
Massachusetts Supreme Judicial Court
Complaint, for keeping and maintaining a liquor nuisance between April 1 and December 27, 1893, in Somerville. At the trial in the Superior Court, before Lilley, J., the jury returned a verdict of guilty; and the defendant alleged exceptions, in substance as follows.
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Complaint, for keeping and maintaining a liquor nuisance between April 1 and December 27, 1893, in Somerville. At the trial in the Superior Court, before Lilley, J., the jury returned a verdict of guilty; and the defendant alleged exceptions, in substance as follows. The only witnesses were three police officers, two of whom testified that on April 29, 1893, they visited the tenement occupied by the defendant, and in the kitchen found four men sitting with bottles of lager beer, out of which they had been drinking; that the defendant was also in the room; that the officers took the bottles…
1Opinion of the CourtKnowlton, J.
1. The evidence of what occurred and what was said in the defendant’s kitchen in her presence was rightly admitted. The jury might well believe that the statement of the four men who were sitting in the kitchen drinking lager beer from bottles should be understood as meaning that they bought the beer of the defendant. The statement should be considered in connection with all the circumstances and with facts of common knowledge, so far as those facts and circumstances tend to throw light on the questions at issue. If the statement is to be believed, it fairly, although not necessarily, implies…
2Cases cited5 opinions
- Commonwealth v. FinnertyMassachusetts Supreme Judicial Court · 1889
- Commonwealth v. BraileyMassachusetts Supreme Judicial Court · 1883
- Commonwealth v. FunaiMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. HazeltineMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. McShaneMassachusetts Supreme Judicial Court · 1872
3Cited by18 opinions
- Commonwealth v. DomanskiMassachusetts Supreme Judicial Court · 1954
- Commonwealth v. JohnsonMassachusetts Supreme Judicial Court · 1908
- Commonwealth v. Peoples Express Co.Massachusetts Supreme Judicial Court · 1909
- Grady v. Collins Transportation Co. Inc.Massachusetts Supreme Judicial Court · 1960
- People v. Ye FooCalifornia Court of Appeal · 1907
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