Commonwealth v. McKenna
Massachusetts Supreme Judicial Court
Complaint, to the First District Court of Eastern Middlesex, alleging that the defendant, on January 1, 1892, and on divers other days and times between that day and February 26,1892, the date of the complaint at Malden, unlawfully exposed and kept for sale intoxicating liquors, with intent unlawfully to sell the same in this Commonwealth. Trial in the Superior Court, before Fessenden, J., who allowed a bill of exceptions, in substance as follows.
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Complaint, to the First District Court of Eastern Middlesex, alleging that the defendant, on January 1, 1892, and on divers other days and times between that day and February 26,1892, the date of the complaint at Malden, unlawfully exposed and kept for sale intoxicating liquors, with intent unlawfully to sell the same in this Commonwealth. Trial in the Superior Court, before Fessenden, J., who allowed a bill of exceptions, in substance as follows. There was evidence for the government that the defendant was a pedler and provision dealer, and kept a store in Malden. The store was in a large…
1Opinion of the CourtField, C. J.
We are of opinion that the evidence recited in the exceptions was sufficient to warrant the verdict of the jury.
The remaining exception is to the refusal of the court to permit a.witness to testify to what Mrs. Kearns testified to at the trial of this case in the district court, she being ill and unable to *210be present at the trial in the Superior Court. The witness heard her testimony, and we assume that it was material. On this question there is a conflict of authority in other jurisdictions, but here, so far as we know, the practice has been to confine such testimony to cases where the…
2Cases cited5 opinions
- Reynolds v. United StatesSupreme Court of the United States · 1879
- Collins v. CommonwealthCourt of Appeals of Kentucky · 1876
- Yale v. ComstockMassachusetts Supreme Judicial Court · 1873
- Le Baron v. CrombieMassachusetts Supreme Judicial Court · 1817
- Costigan v. LuntMassachusetts Supreme Judicial Court · 1879
3Cited by12 opinions
- Commonwealth v. GalloMassachusetts Supreme Judicial Court · 1931
- People v. DrosteMichigan Supreme Court · 1910
- Commonwealth v. DiPietroMassachusetts Supreme Judicial Court · 1977
- Vigoda v. BartonMassachusetts Supreme Judicial Court · 1965
- Spencer v. StateWisconsin Supreme Court · 1907
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