Commonwealth v. Moore
Massachusetts Supreme Judicial Court
Complaint, to the Central District Court of Worcester, for unlawfully keeping for sale intoxicating liquors, with intent unlawfully to sell the same, on July 9, 1892, at Worcester. Trial in the Superior Court, on appeal, before Fessenden, J., who allowed a bill of exceptions, in substance as follows.
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Complaint, to the Central District Court of Worcester, for unlawfully keeping for sale intoxicating liquors, with intent unlawfully to sell the same, on July 9, 1892, at Worcester. Trial in the Superior Court, on appeal, before Fessenden, J., who allowed a bill of exceptions, in substance as follows. One Thayer testified for the government that he was a police officer of the city of Worcester and knew the defendant; that on the morning of July 9, 1892, he and another officer were standing in the doorway of a store at the corner of Bridge and Mechanic Streets in Worcester, and saw the…
1Opinion of the CourtMorton, J.
The defendant was charged with unlawfully keeping intoxicating liquor for sale, with intent to sell the same unlawfully.
The testimony as to the acts of Hart was rightly admitted. Whether it tended to show a common purpose between him and the defendant, or that he was acting under the defendant’s direction, or neither, was for the jury. The rights of the defendant were carefully guarded by the instructions of the court. Commonwealth v. McDonald, 147 Mass. 527.
The testimony as to what occurred in and around McDonnell’s stable was also rightly admitted. If believed, it had a tendency to show…
2Cases cited4 opinions
- Commonwealth v. HamMassachusetts Supreme Judicial Court · 1889
- Commonwealth v. McDonaldMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1891
- Commonwealth v. ShawMassachusetts Supreme Judicial Court · 1874
3Cited by1 opinion
- Commonwealth v. RyanMassachusetts Supreme Judicial Court · 1893