Commonwealth v. Funai
Massachusetts Supreme Judicial Court
Complaint alleging that the defendant, on November 26, 1887, at Boston, unlawfully exposed and kept for sale, intoxicating liquors, with intent unlawfully to sell the same in this Commonwealth. Trial in the Superior Court before Sherman, J., who allowed a bill of exceptions, which, so far as material, was as follows.
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Complaint alleging that the defendant, on November 26, 1887, at Boston, unlawfully exposed and kept for sale, intoxicating liquors, with intent unlawfully to sell the same in this Commonwealth. Trial in the Superior Court before Sherman, J., who allowed a bill of exceptions, which, so far as material, was as follows. The evidence tended to prove that the defendant resided with his wife in the same building where there was an eating saloon, and at the date mentioned in the complaint police officers visited the place with a warrant to search for intoxicating liquors; that in the saloon there…
1Opinion of the CourtHolmes, J.
The declaration by the defendant’s wife, “ We will sell liquor in spite of all the officers of Station 1,” contained, or might have been found to contain, an implied admission and assertion that she and her husband were engaged in selling liquor, and also that the sale was illegal. Having been uttered in the presence of her husband, and he not having been under arrest or duress at the time, it was some evidence of an admission on his part, if the declaration was understood by him in the sense first mentioned, and if the circumstances were such that according to human experience he naturally…
2Cases cited5 opinions
- Sturtevant v. WallackMassachusetts Supreme Judicial Court · 1886
- Commonwealth v. BraileyMassachusetts Supreme Judicial Court · 1883
- Commonwealth v. LockeMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. McCueMassachusetts Supreme Judicial Court · 1876
- Commonwealth v. RatcliffeMassachusetts Supreme Judicial Court · 1880
3Cited by8 opinions
- Commonwealth v. SimpsonMassachusetts Supreme Judicial Court · 1976
- Commonwealth v. McCabeMassachusetts Supreme Judicial Court · 1895
- Commonwealth v. ChengMassachusetts Supreme Judicial Court · 1941
- Mason v. StateCourt of Criminal Appeals of Oklahoma · 1937
- Smith v. DuncanMassachusetts Supreme Judicial Court · 1902
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