Commonwealth v. Funai

Massachusetts Supreme Judicial Court

Commonwealth v. Funai

16 N.E. 458, 146 Mass. 570, 1888 Mass. LEXIS 298

CourtMassachusetts Supreme Judicial Court

DecidedMay 3, 1888

StatusPublished

Cited by8 cases

This text of 16 N.E. 458 (Commonwealth v. Funai) 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.

Bluebook

Commonwealth v. Funai, 16 N.E. 458, 146 Mass. 570, 1888 Mass. LEXIS 298 (Mass. 1888).

Pincite

Opinion

Holmes, J.

The declaration by the defendant’s wife, “ We will sell liquor in spite of all the officers of Station 1,” contained, or might have been found to contain, an implied admission and assertion that she and her husband were engaged in selling liquor, and also that the sale was illegal. Having been uttered in the presence of her husband, and he not having been under arrest or duress at the time, it was some evidence of an admission on his part, if the declaration was understood by him in the sense first mentioned, and if the circumstances were such that according to human experience he naturally would have repudiated it, if the implied assertions were not true. Commonwealth v. Brailey, 134 Mass. 527, 530. Commonwealth v. Galavan, 9 Allen, 271. Commonwealth v. Kenney, 12 Met. 235. Sturtevant v. Wallack, 141 Mass. 119, 123. Whether the declaration was also admissible on other grounds, we need not consider. Commonwealth v. Ratcliffe, 130 Mass. 36. Commonwealth v. Locke, 145 Mass. 401.

The other exceptions are waived. Commonwealth v. McCue, 121 Mass. 358, 360. Exceptions overruled.

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Holmes, J.

The declaration by the defendant’s wife, “ We will sell liquor in spite of all the officers of Station 1,” contained, or might have been found to contain, an implied admission and assertion that she and her husband were engaged in selling liquor, and also that the sale was illegal. Having been uttered in the presence of her husband, and he not having been under arrest or duress at the time, it was some evidence of an admission on his part, if the declaration was understood by him in the sense first mentioned, and if the circumstances were such that according to human experience he naturally would have repudiated it, if the implied assertions were not true. Commonwealth v. Brailey, 134 Mass. 527, 530. Commonwealth v. Galavan, 9 Allen, 271. Commonwealth v. Kenney, 12 Met. 235. Sturtevant v. Wallack, 141 Mass. 119, 123. Whether the declaration was also admissible on other grounds, we need not consider. Commonwealth v. Ratcliffe, 130 Mass. 36. Commonwealth v. Locke, 145 Mass. 401.

The other exceptions are waived. Commonwealth v. McCue, 121 Mass. 358, 360. Exceptions overruled.

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Bluebook (online)

16 N.E. 458, 146 Mass. 570, 1888 Mass. LEXIS 298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-funai-mass-1888.

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