Commonwealth v. Daley
Massachusetts Supreme Judicial Court
Two COMPLAINTS for unlawfully selling intoxicating liquors to minors. At the trial in the Superior Court, before Sherman, J., there was evidence tending to show that the alleged sales were made to the minors at about the same time, in the defendant’s barroom, which was a front room on the lower floor of a dwelling-house ; that in the rear of the house was a kitchen, separated from the bar-room by an entry, out of which doors opposite each other led into the bar-room and the…
Read the full summary
Two COMPLAINTS for unlawfully selling intoxicating liquors to minors. At the trial in the Superior Court, before Sherman, J., there was evidence tending to show that the alleged sales were made to the minors at about the same time, in the defendant’s barroom, which was a front room on the lower floor of a dwelling-house ; that in the rear of the house was a kitchen, separated from the bar-room by an entry, out of which doors opposite each other led into the bar-room and the kitchen; that the defendant was a married woman, who lived with her husband in the dwelling-house; that at the time of…
1Opinion of the CourtC. Allen, J.
When a married woman is indicted for a crime, and it is contended in defence that she ought to be acquitted because she acted under the coercion of her husband, the question of fact to be determined is whether she really and in truth acted under such coercion, or whether she acted of her own free will and independently of any coercion or control by him. To aid in determining this question of fact, the law holds that there is a presumption of such coercion from his presence at the time of the commission of the crime; this presumption, however, is not conclusive, and it may be rebutted. And in…
2Cases cited7 opinions
- Commonwealth v. HillMassachusetts Supreme Judicial Court · 1887
- Commonwealth v. GormleyMassachusetts Supreme Judicial Court · 1882
- Commonwealth v. EaganMassachusetts Supreme Judicial Court · 1869
- Commonwealth v. GannonMassachusetts Supreme Judicial Court · 1867
- Commonwealth v. WelchMassachusetts Supreme Judicial Court · 1867
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Peter Joseph O'Donnell Et Ux. v. StateCourt of Criminal Appeals of Oklahoma · 1941
- Caldwell v. StateIndiana Supreme Court · 1922
- Commonwealth v. AdamsMassachusetts Supreme Judicial Court · 1904
- Vukodonovich v. StateIndiana Supreme Court · 1926
- Commonwealth v. MooreMassachusetts Supreme Judicial Court · 1894