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148 Mass. 428

Commonwealth v. Daly

Massachusetts Supreme Judicial Court

Decided January 5, 1889

Massachusetts Supreme Judicial Court · decided 1889-01-05

Complaint for an unlawful sale of intoxicating liquor, on July 17, 1888, to one Latter.

Relies on Commonwealth v. Savery

Good law ✅— No negative treatment on recordhow we know

Decided 1889-01-05

How this case has been cited

Cited by 8 later decisions — most recently March 1934

8 state decisions

30188918901900191019201930decided

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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By the Court.

¶1The complaint charges the sale of intoxicating liquor to one Latter. The defendant admitted that he sold lager beer to said Latter, and offered to show, as a defence, that he intended to sell, and supposed he was selling, “ tonic beer,” and not lager beer. It has been repeatedly held, that, if a man sells or keeps for sale intoxicating liquor, it is no. defence that he does not know it to be intoxicating, or that he supposed it to be something else. Commonwealth v. Savery, 145 Mass. 212, and cases cited. The ruling at the trial was in accordance with these cases, and was correct. Exceptions overruled.

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