Legal Opinion

Commonwealth v. Murphy

Massachusetts Supreme Judicial Court

Decided February 25, 1891PublishedCited by 8 opinions

Complaint to the Municipal Court of the South Boston District in the city of Boston, for keeping intoxicating liquor with intent unlawfully to sell the same on September 14,1890. At the trial, on appeal, in the Superior Court, before Barker, J., the jury returned a verdict of guilty; and the defendant alleged exceptions to the admission of certain evidence, the nature of which appears in the opinion.

1Opinion of the CourtLathrop, J.

The evidence objected to was not admitted for the purpose of showing that the defendant had committed an offence other than the one tried in the municipal court, but as evidence bearing upon the question whether he had committed the offence of which he had been there convicted. Although the defendant could not be tried in the Superior Court for an offence other than the one on which he had been convicted in the court below, he might be tried on other evidence. Commonwealth v. McNeff, 145 Mass. 406.

The only question remaining is whether the evidence objected to was admissible on the question…

2Cases cited6 opinions

  1. Commonwealth v. McCluskeyMassachusetts Supreme Judicial Court · 1877
  2. Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1874
  3. Commonwealth v. McCullowMassachusetts Supreme Judicial Court · 1886
  4. Commonwealth v. McNeffMassachusetts Supreme Judicial Court · 1888
  5. Commonwealth v. KahlmeyerMassachusetts Supreme Judicial Court · 1878

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Cottrell v. NurnbergerWest Virginia Supreme Court · 1948
  2. Commonwealth v. CoughlinMassachusetts Supreme Judicial Court · 1903
  3. Ravarino v. PriceUtah Supreme Court · 1953
  4. Jenning v. MillerOregon Supreme Court · 1906
  5. State v. SchoenthalerSupreme Court of Kansas · 1901

3 more not listed; retrieve them via the Exa API.

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