Commonwealth v. Lynch
Massachusetts Supreme Judicial Court
Complaint, dated January 13, 1890, for exposing and keeping for sale intoxicating liquors, with intent unlawfully to sell the same, on January 12, 1890. At the trial in the Superior Court, before Blodgett, J., there was evidence that eight bottles of whiskey and six bottles of lager beer were found on January 12 in a cellar under a tenement occupied by the defendant in a dwelling-house.
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Complaint, dated January 13, 1890, for exposing and keeping for sale intoxicating liquors, with intent unlawfully to sell the same, on January 12, 1890. At the trial in the Superior Court, before Blodgett, J., there was evidence that eight bottles of whiskey and six bottles of lager beer were found on January 12 in a cellar under a tenement occupied by the defendant in a dwelling-house. A police officer, a witness for the government, was allowed to be asked, against the defendant’s objection, what he had seen in the defendant’s tenement on January 5, and replied that he saw through the window…
1Opinion of the CourtDevens, J.
The court did not, as the defendant contends, instruct the jury that they were justified in convicting the defendant on the evidence excepted to, but that the same was competent to be considered by them in finding their verdict. It does not appear that the government relied alone upon this evidence to secure a conviction, but the contrary. Evidence of the possession and disposition by the defendant and his wife of liquors there a few days prior to the day when the offence of unlawfully exposing and keeping for sale intoxicating liquors was charged, of the fact that men were seen to escape…
2Cases cited3 opinions
- Commonwealth v. HendersonMassachusetts Supreme Judicial Court · 1885
- Commonwealth v. CottonMassachusetts Supreme Judicial Court · 1885
- Commonwealth v. SinclairMassachusetts Supreme Judicial Court · 1885
3Cited by2 opinions
- Commonwealth v. JenskyMassachusetts Supreme Judicial Court · 1945
- State v. KigerWest Virginia Supreme Court · 1908