Commonwealth v. Brockway
Massachusetts Supreme Judicial Court
Indictment on the Pub. Sts. c. 209, § 1, alleging that the defendant disposed of a horse by way of lottery on December 9, 1887, at Needham. Trial in the Superior Court, before Dunbar, J., who allowed a bill of exceptions, in substance as follows.
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Indictment on the Pub. Sts. c. 209, § 1, alleging that the defendant disposed of a horse by way of lottery on December 9, 1887, at Needham. Trial in the Superior Court, before Dunbar, J., who allowed a bill of exceptions, in substance as follows. The government offered evidence tending to show that on that date a horse valued at twenty-five dollars was raffled for at a house in Needham, formerly used as a boarding-house, but at that time occupied by the defendant and his son, and by a Mrs. Welch; that the defendant owned both the house and the horse, and that Mrs. Welch was his housekeeper;…
1Opinion of the CourtICnowlton, J.
The ownership of the horse disposed of by raffle, and the proprietorship of the house where the raffle occurred, were in dispute at the trial, and were circumstances bearing upon the question whether the defendant was criminally responsible for the raffle. To prove that he was not, he testified, and offered other evidence tending to show, that Mrs. Welch kept the house, and that he was her boarder. The evidence afterwards offered by the government of what Mrs. Welch said in his presence, coupled with his failure to reply, was clearly competent as tending to contradict his testimony.
The…
2Cases cited3 opinions
- Commonwealth v. SullivanMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. WeightMassachusetts Supreme Judicial Court · 1884
- Commonwealth v. WallaceMassachusetts Supreme Judicial Court · 1871
3Cited by2 opinions
- Commonwealth v. SheedyMassachusetts Supreme Judicial Court · 1893
- Commonwealth v. ColemanMassachusetts Supreme Judicial Court · 1903