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123 Mass. 400

Commonwealth v. Wallace

Massachusetts Supreme Judicial Court

Decided November 15, 1877

Massachusetts Supreme Judicial Court · decided 1877-11-15

Complaint for unlawfully keeping intoxicating liquors with intent to sell the same. At the trial in the Superior Court, before Rockwell, J., the jury returned a verdict of guilty; and the defendant alleged exceptions to the admission of certain evidence, the nature of which appears in the opinion.

Good law ✅— No negative treatment on recordhow we know

Decided 1877-11-15

How this case has been cited

Cited by 3 later decisions — most recently October 1926

3 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Ames, J.

¶1There was evidence to the effect that the defendant kept a place of business consisting of two rooms, in one of which was a counter and a few cigars with tables and chairs ; that the place was one of common resort; that on being arrested at that place he tried to conceal a bottle containing intoxicating liquor in his pocket, and afterwards, and while under arrest, he threw it away; and that, a few days after his arrest, he made an attempt to bribe the officer who arrested him. These proceedings on his part were competent evidence against him. In most criminal cases a portion of the evidence consists of the conduct and deportment of the accused party at and after the time of the charge. Thus flight, concealment, the use of falsehoods or evasions, are all matters which the jury have a right to look upon as unfavorable and suspicious. Roscoe Grim. Ev. (7th Am. ed.) 18. The evidence admitted was all of it competent and material. Its weight and effect were for the jury to estimate, and °we cannot say that it was not sufficient to justify their verdict.

¶2Exceptions overruled.

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