¶1The defendant is to be presumed innocent, until the crime charged against him is proved. It is only aftei *137the introduction of prima facie evidence in support of the indictment, that the absence of evidence tending to a contrary conclusion is to be considered. Commonwealth v. Webster, 5 Cush. 316. It must be presumed that all the facts are reported upon which the ruling excepted to was based. The judge should have instructed the jury that, in the absence of any evidence of the qualities of the beer proved to have been sold, the defendant was entitled to an acquittal. Exceptions sustained.
75 Mass. 136
Commonwealth v. Hardiman
Massachusetts Supreme Judicial Court
Decided October 15, 1857
Massachusetts Supreme Judicial Court · decided 1857-10-15
Indictment for being a common seller of intoxicating liquors. Trial in the court of common pleas before Aiken, J., who signed the following bill of exceptions : “ At the trial the government offered evidence tending to show sales of some kind of beer by the defendant and by others in his employment, which it was claimed by the government was strong beer, but this was denied by the defendant.
Decided 1857-10-15