Commonwealth v. Kenney
Massachusetts Supreme Judicial Court
Complaint to the Charlestown Police Court under the St. of 1869, o. 415, § 39, averring that the defendant on August 9, 1873, did carry intoxicating liquor to a certain house in Charles-town, “having reasonable cause to believe that the same had been sold and was intended for sale ” in violation of law.
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Complaint to the Charlestown Police Court under the St. of 1869, o. 415, § 39, averring that the defendant on August 9, 1873, did carry intoxicating liquor to a certain house in Charles-town, “having reasonable cause to believe that the same had been sold and was intended for sale ” in violation of law. At the trial in the Superior Court, on appeal, before Bacon, J., evidence was offered, and admitted against the objection of the defendant, that the premises described in the complaint had been used as a place for the sale of liquor about four months before the time of this complaint; and that…
1Opinion of the CourtColt, J.
The whole evidence upon which this verdict was rendered is not reported. We cannot see that the evidence objected to was not admissible in the discretion of the presiding judge, as having a tendency, not too remote, to prove one or more of the propositions necessary to the defendant’s guilt.
A description of the premises as they were some few months before, with no evidence of change, would have a tendency to show that they were used for the same purpose.
*150The fact unexplained that the defendant was conveying at the same time in the same wagon other jugs of liquor to other persons engaged in its…
2Cited by1 opinion
- Commonwealth v. HarperMassachusetts Supreme Judicial Court · 1887