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97 Mass. 336

Commonwealth v. Cotter

Massachusetts Supreme Judicial Court

Decided October 15, 1867

Massachusetts Supreme Judicial Court · decided 1867-10-15

Indictment for being a common seller of intoxicating liquors. The case was tried in the superior court, before Wilkinson, J., and came before this court on a bill of exceptions substantially as follows: “ The government produced two witnesses who testified to certain sales of intoxicating liquors.

Cited by 1 later decisions — most recently November 1871

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1867-10-15

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Bigelow, C. J.

¶1The effect of the prayer for instructions was that a jury ought not to convict a party on circumstantial evidence. Any such direction to the jury would have been contrary to elementary principles. There is nothing in the nature of a sale to require any different evidence in kind or degree to establish the fact from that which is necessary or sufficient to prove any other fact. Exceptions overruled.

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