Commonwealth v. Moinehan
Massachusetts Supreme Judicial Court
Complaint for an unlawful sale of intoxicating liquor, on January 21, 1885, at Easton. Trial in the Superior Court, before Staples, J., who allowed a bill of exceptions, in substance as follows: Elmer C. Lincoln, a boy fifteen years old, testified that Warren F. Smith, in the kitchen of the defendant, called for some beer; that the defendant brought a bottle of beer from an adjoining room; that the witness and one Herbert Smith, a brother of Warren, drank it from two…
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Complaint for an unlawful sale of intoxicating liquor, on January 21, 1885, at Easton. Trial in the Superior Court, before Staples, J., who allowed a bill of exceptions, in substance as follows: Elmer C. Lincoln, a boy fifteen years old, testified that Warren F. Smith, in the kitchen of the defendant, called for some beer; that the defendant brought a bottle of beer from an adjoining room; that the witness and one Herbert Smith, a brother of Warren, drank it from two glasses, and Warren paid for it; that Warren drank none, but took a flask of whiskey, which he had brought there, from his…
1Opinion of the CourtHolmes, J.
The question, “Don’t you think it was lager beer ? ” was properly allowed to be put. The application of a class name to an object perceived by the senses is generally the expression of an inference, and testimony would be impossible if such inferences could not be stated. If the witness had said that it was lager beer, his testimony would only have meant that he confidently thought or inferred from the qualities directly perceived by him that the substance had the other qualities denoted by the name. As he would have been allowed to testify to such a confident inference, he could be asked, on…
2Cases cited2 opinions
- Day v. CooleyMassachusetts Supreme Judicial Court · 1875
- Brooks v. WeeksMassachusetts Supreme Judicial Court · 1877
3Cited by8 opinions
- Commonwealth v. SaccoMassachusetts Supreme Judicial Court · 1926
- Commonwealth v. KennedyMassachusetts Supreme Judicial Court · 1897
- Commonwealth v. FestoMassachusetts Supreme Judicial Court · 1925
- Commonwealth v. GettiganMassachusetts Supreme Judicial Court · 1925
- Commonwealth v. McIntoshMassachusetts Supreme Judicial Court · 1927
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