Commonwealth v. Harrison

Decided October 15, 1858

Massachusetts Supreme Judicial Court · decided 1858-10-15

Complaint on St. 1855, c. 215, § 15, for two unlawful sales of intoxicating liquor to John McGary. At the trial in the court of common pleas, before Sanger, J., there was evidence that the liquor was sold on the Lord’s day, and the defendant requested the court to instruct the jury that the offence, if any, having been committed on the Lord’s day, the defendant could not be convicted on this complaint. But the court declined so to rule.

Decided 1858-10-15

Dewey, J.

¶1No valid reason exists for maintaining these exceptions. The complaint charged solely an offence under the St. of 1855, c. 215, § 15, of illegally selling intoxicating liquors. It was no answer to this charge that the sale was made on the Lord’s day.

¶22. It was no part of the duty of the government, on the trial of the case upon an appeal taken to a higher court, to require the personal attendance of the individual who made the original *312complaint before the justice of the peace. Commonwealth v. Dillane, ante, 71.

¶33. The instructions given as to the proof to be made by the government to sustain the complaint were suitable and proper.

¶4Exceptions overruled.