Legal Opinion

Commonwealth v. Meaney

Massachusetts Supreme Judicial Court

Decided February 25, 1890PublishedCited by 10 opinions

COMMONWEALTH v. MEANEY. [151 Complaint for keeping and maintaining a common nuisance, to wit, a tenement in Newton used for the illegal sale and illegal keeping for sale of intoxicating liquors. Trial in the Superior Court, before Sherman, J., who allowed a bill of exceptions, in substance as follows.

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COMMONWEALTH v. MEANEY. [151 Complaint for keeping and maintaining a common nuisance, to wit, a tenement in Newton used for the illegal sale and illegal keeping for sale of intoxicating liquors. Trial in the Superior Court, before Sherman, J., who allowed a bill of exceptions, in substance as follows. After evidence tending to show that the defendant was guilty of the offence in question, the government asked a witness for the defendant if he had been arrested for intoxication, and the witness said he had been arrested for “animosity.” The government then called an officer, and asked him in…

1Opinion of the CourtDevens, J.

It is not easy to see how the denial of the defendant’s witness on cross-examination, that he had been arrested for drunkenness, — for so we think his statement must be interpreted, — was met by proving that the witness had been often seen coming from defendant’s house intoxicated. It appears that evidence of this fact was offered in rebuttal, was objected to by the defendant as not competent in rebuttal, and was admitted by the presiding judge. Whether he admitted it in rebuttal of the witness’s previous statement, or in the exercise of his discretion, the bill of exceptions fails to show.…

2Cases cited5 opinions

  1. Commonwealth v. BlairMassachusetts Supreme Judicial Court · 1878
  2. Commonwealth v. BarnesMassachusetts Supreme Judicial Court · 1885
  3. Commonwealth v. LeightonMassachusetts Supreme Judicial Court · 1885
  4. Commonwealth v. MeadMassachusetts Supreme Judicial Court · 1885
  5. Commonwealth v. O'DonnellMassachusetts Supreme Judicial Court · 1887

3Cited by10 opinions

  1. Goldsby v. United StatesSupreme Court of the United States · 1895
  2. Commonwealth v. MichelMassachusetts Supreme Judicial Court · 1975
  3. Commonwealth v. WoodMassachusetts Supreme Judicial Court · 1939
  4. Finnegan v. Checker Taxi Co.Massachusetts Supreme Judicial Court · 1938
  5. Commonwealth v. StortiMassachusetts Supreme Judicial Court · 1901

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