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89 Mass. 303

Commonwealth v. Stahl

Massachusetts Supreme Judicial Court

Decided October 15, 1863

Massachusetts Supreme Judicial Court · decided 1863-10-15

Indictment for a single sale of intoxicating liquor. At the trial in the superior court, before Ames, J., Constant Taber testified as follows : “ I live in Wrentham. I have known the defendant four or five years. I saw him in Attleborough in January, February or March last. I think I had liquor of him. I cannot say what kind of liquor; it might have been whiskey or beer. I asked for lager beer. I paid for it. I cannot say exactly what it was.

Decided 1863-10-15

Dewey, J.

¶1It must be taken, upon this bill of .exceptions, that the ruling of the superior court fully met the point raised by the counsel for the defendant. If this was not so, it was the duty of the counsel to state that fact, and to ask further instructions. The ruling of the court was adapted to the inquiry that was naturally presented by the objection that the evidence was not sufficient to warrant them in convicting the defendant, and the instructions given to the jury were correct.

¶2If the purpose of the counsel for the defendant was to ask instructions as to the necessity of the government’s proving that the sale was not one that the defendant might lawfully make without written license or authority, it was his duty to raise that point distinctly. Exceptions overruled.

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