¶1We think the instructions given to the jury in the present case were right, and there was nothing in the case requiring any further instructions. By the statute three sales are declared sufficient to constitute the offence of being a common seller. Si. 1855, c. 215, § 17. There was no other evidence tending to qualify the character of these sales, or to authorize the jury to acquit the defendant. Exceptions overruled.
73 Mass. 496
Commonwealth v. Kirk
Massachusetts Supreme Judicial Court
Decided November 15, 1856
Massachusetts Supreme Judicial Court · decided 1856-11-15
Indictment on St. 1855, c. 215, § 17. Trial in the court of common pleas, before Sanger, J., who signed this bill of exceptions : “At the trial, the government offered evidence of three sales of liquor by the defendant, or his agent, and there was other evidence tending to prove him a common seller.
Decided 1856-11-15