Commonwealth v. Goodnow
Massachusetts Supreme Judicial Court
Complaint, for keeping intoxicating liquors with intent unlawfully to sell the same. At the trial in the Superior Court, before Thompson, J., it appeared that the defendant had kept a hotel in the city of Worcester for four years prior to the date of the complaint, and.that he had previously kept a hotel in the town of Shrewsbury.
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Complaint, for keeping intoxicating liquors with intent unlawfully to sell the same. At the trial in the Superior Court, before Thompson, J., it appeared that the defendant had kept a hotel in the city of Worcester for four years prior to the date of the complaint, and.that he had previously kept a hotel in the town of Shrewsbury. The defendant’s attorney, in opening the defence to the jury, stated that the defendant used to be engaged in the business of liquor keeping, and was convicted of the same, but that when he moved to his present quarters he gave it up. The defendant testified in his…
1Opinion of the CourtHolmes, J.
1. The admission of the first question did the defendant no harm, as his counsel had admitted the fact in his opening, and as the defendant’s answer, so far as responsive, denied it.
2. Carr’s denial that he had drunk intoxicating liquor for the past two years went to support his denial that he was drunk at the time in question, and indeed would seem to have been the form in which the latter denial was put. Therefore it was subject to contradiction. See Riddell v. Thayer, 127 Mass. 487, 489.
Hxceptions overruled.
2Cases cited1 opinion
- Riddell v. ThayerMassachusetts Supreme Judicial Court · 1879
3Cited by5 opinions
- Commonwealth v. MorganMassachusetts Supreme Judicial Court · 1893
- State v. KampertSupreme Court of Minnesota · 1918
- Barry v. PeopleSupreme Court of Colorado · 1902
- Commonwealth v. DaleMassachusetts Supreme Judicial Court · 1928
- State v. HoodWashington Supreme Court · 1918