State v. Cleaves
Supreme Judicial Court of Maine
ON EXCEPTIONS. Ihdictment against the defendant, a married woman, for being a common-seller of intoxicating liquors. The evidence tended to show several sales, at some of which her husband, Joseph Cleaves, was present when the liquor was called for by the purchaser, and brought forward by the defendant; and on one occasion the husband drank some of it with the purchaser. ' * Defendant’s counsel, in writing, requested the presiding judge to instruct the jury that if any of…
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ON EXCEPTIONS. Ihdictment against the defendant, a married woman, for being a common-seller of intoxicating liquors. The evidence tended to show several sales, at some of which her husband, Joseph Cleaves, was present when the liquor was called for by the purchaser, and brought forward by the defendant; and on one occasion the husband drank some of it with the purchaser. ' * Defendant’s counsel, in writing, requested the presiding judge to instruct the jury that if any of the sales were made by the wife, in the presence of her husband, she would be presumed to act under the coercion,…
1Opinion of the CourtAppleton, C. J.
The defendant, a married woman, was indicted for being a common seller of intoxicating liquors.
The presiding justice instructed the jury “ that the fact that the defendant did not go upon the stand to testify was a proper matter to he taken into consideration by them in determining the question *300of her guilt or innocence.” To this instruction exceptions were seasonably taken.
The statute authorizing the defendant in criminal proceedings, at his own request, to testify, was passed for the benefit of the innocent and for the protection of innocence.
The defendant, in criminal cases, is either…
2Cases cited3 opinions
- Commonwealth v. NealMassachusetts Supreme Judicial Court · 1813
- Commonwealth v. EaganMassachusetts Supreme Judicial Court · 1869
- Commonwealth v. GannonMassachusetts Supreme Judicial Court · 1867
3Cited by29 opinions
- Raffel v. United StatesSupreme Court of the United States · 1926
- Ferguson v. GeorgiaSupreme Court of the United States · 1961
- People v. ModestoCalifornia Supreme Court · 1965
- State v. MortensenUtah Supreme Court · 1903
- State v. TatemSupreme Court of Connecticut · 1984
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