Commonwealth v. Hurley
Massachusetts Supreme Judicial Court
Complaint to the Police Court of Lowell, for unlawfully-exposing and 'keeping for sale intoxicating liquors with intent unlawfully to sell the same in this Commonwealth, on February 7, 1892, at Lowell. Trial in the Superior Court, before Fessenden, J., who allowed a bill of exceptions, in substance as follows.
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Complaint to the Police Court of Lowell, for unlawfully-exposing and 'keeping for sale intoxicating liquors with intent unlawfully to sell the same in this Commonwealth, on February 7, 1892, at Lowell. Trial in the Superior Court, before Fessenden, J., who allowed a bill of exceptions, in substance as follows. The case was tried at the June sitting, 1892, of the court in East Cambridge; and on July 2, 1892, the defendant filed a motion that, as the complaint was made to the Police Court of Lowell, which city was one of the shires of the county, and as the defendant resided in that city, the…
1Opinion of the CourtAllen, J.
1. No legal or constitutional right of the defendant was violated by the refusal of the presiding justice to postpone the trial until the court should be held three months afterwards in Lowell. Commonwealth v. Donovan, 99 Mass. 425. Commonwealth v. Drake, 124 Mass. 21.
2. The testimony that the defendant took from her garments and threw away a lager beer bottle containing whiskey was competent for the jury to consider. The words “ said to contain whiskey ” we interpret to mean that some witness testified that the bottle contained whiskey.
8. Certain evidence was admitted, without objection,…
2Cases cited4 opinions
- Commonwealth v. TibbettsMassachusetts Supreme Judicial Court · 1893
- Commonwealth v. FinnertyMassachusetts Supreme Judicial Court · 1889
- Commonwealth v. DrakeMassachusetts Supreme Judicial Court · 1878
- Commonwealth v. DonovanMassachusetts Supreme Judicial Court · 1868
3Cited by14 opinions
- Commonwealth v. TuckerMassachusetts Supreme Judicial Court · 1905
- Williams v. StateSupreme Court of Georgia · 1897
- Commonwealth v. SoarisMassachusetts Supreme Judicial Court · 1931
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1896
- Commonwealth v. WilkinsMassachusetts Supreme Judicial Court · 1923
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