Legal Opinion

Commonwealth v. Fields

Massachusetts Supreme Judicial Court

Decided November 3, 1875PublishedCited by 3 opinions

Complaint to the Police Court of Gloucester for an unlawful sale of intoxicating liquors at Gloucester, “ to a man whose name is unknown ter the complaisant,” on July % 1875. At the trial on appeal, in the Superior Court, before Pitman, J., there was only one witness for the government, and he testified that he went into a shop in Gloucester, in which there was a bar and bottles and other things usually found in a bar-room; that he saw four men standing at the bar, and the…

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Complaint to the Police Court of Gloucester for an unlawful sale of intoxicating liquors at Gloucester, “ to a man whose name is unknown ter the complaisant,” on July % 1875. At the trial on appeal, in the Superior Court, before Pitman, J., there was only one witness for the government, and he testified that he went into a shop in Gloucester, in which there was a bar and bottles and other things usually found in a bar-room; that he saw four men standing at the bar, and the defendant standing behind it; that he heard the four persons severally call for intoxicating liquors, each designating…

1Opinion of the Court

By the Court.

In the absence of proof to the contrary, the jury were authorized to find that the offence of which they found the defendant guilty was the same as that of which he had been convicted in the Police Court. Commonwealth v. Burke, 14 Gray, 81. Commonwealth v. Carroll, 15 Gray, 412. Commonwealth v. Carr. 111 Mass. 423. Exceptions overruled.

2Cases cited1 opinion

  1. Commonwealth v. CarrMassachusetts Supreme Judicial Court · 1873

3Cited by3 opinions

  1. Commonwealth v. DiStasioMassachusetts Supreme Judicial Court · 1936
  2. Commonwealth v. FerryMassachusetts Supreme Judicial Court · 1888
  3. Commonwealth v. RonanMassachusetts Supreme Judicial Court · 1878

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