Commonwealth v. Carney
This text of 108 Mass. 417 (Commonwealth v. Carney) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Evidence that the defendant kept a tenement at a time when it was not kept for an unlawful purpose would not, it is true, alone be sufficient to show that he had previously kept it when it was so used. But this evidence does not here stand alone. There was proof of the defendant’s possession and use of the premises for an unlawful purpose shortly before; and the evidence was properly admitted, as tending to show, in the absence of any apparent change, the nature of the defendant’s continuous occupancy of the premises as keeper. Todd v. Rowley, 8 Allen, 51, 58. 1 Greenl. Ev. § 41. Exceptions overruled.
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108 Mass. 417, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-carney-mass-1871.