¶1The evidence as to the drainer found in the defendant’s shop was competent to show the possession by the defendant of an usual implement in the sale of intoxicating liquor. It was competent for the defendant to meet this evidence by showing that the drainer was procured for a different purpose. The declaration made by the defendant, at the time of ordering the drainer to be made, of the purpose for which it was to be made, was competent as part of the res gestee, quali fying and explaining an act done. Exceptions sustained.
77 Mass. 94
Commonwealth v. O'Connor
Massachusetts Supreme Judicial Court
Decided September 15, 1858
Massachusetts Supreme Judicial Court · decided 1858-09-15
Complaint on St. 1855, c. 215, § 24, for keeping intoxicating liquors with intent to sell. At the trial in the court of common pleas in Hampden the Commonwealth put in evidence a drainer found in the defendant’s shop, and contended that it was one implement of the traffic in intoxicating liquor.
Decided 1858-09-15