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95 Mass. 585

Commonwealth v. Commeskey

Massachusetts Supreme Judicial Court

Decided November 15, 1866

Massachusetts Supreme Judicial Court · decided 1866-11-15

<p>JB'tr the purpose of showing that an expressman, who has conveyed intoxicating liquor in kegs and a barrel from a railroad station, had reasonable cause to believe that the same was intended to be sold in violation of Gen. Sts. o. 86, evidence is admissible to show that he had removed from the same station a keg of liquor on each of several different days within a short time.</p>

Cited by 1 later decisions — most recently October 1915

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1866-11-15

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Hoar, J.

¶1As circumstantial evidence, having some tendency, with other evidence, to show that a considerable quantity of spirituous and intoxicating liquors received by the defendant at a railroad station was not designed for his own use, and thus to support the allegation that it was designed for sale, it was competent to show that he had received, on several occasions, within a short time, other considerable quantities of such liquors at the same station; as the quantities, and the frequency of their arrival, might be more consistent with the supply of a dealer in the article, than with the purpose of providing for his own consumption. The other evidence in the case not being reported, it is to be presumed that it was sufficient, in connection with the evidence excepted to, to justify the verdict.

¶2 Exceptions overruled.

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