Commonwealth v. Lynch

Massachusetts Supreme Judicial Court

Commonwealth v. Lynch

23 N.E. 1137, 151 Mass. 358, 1890 Mass. LEXIS 221

CourtMassachusetts Supreme Judicial Court

DecidedApril 2, 1890

StatusPublished

Cited by2 cases

This text of 23 N.E. 1137 (Commonwealth v. Lynch) 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. Lynch, 23 N.E. 1137, 151 Mass. 358, 1890 Mass. LEXIS 221 (Mass. 1890).

Pincite

Opinion

Devens, J.

The court did not, as the defendant contends, instruct the jury that they were justified in convicting the defendant on the evidence excepted to, but that the same was competent to be considered by them in finding their verdict. It does not appear that the government relied alone upon this evidence to secure a conviction, but the contrary. Evidence of the possession and disposition by the defendant and his wife of liquors there a few days prior to the day when the offence of unlawfully exposing and keeping for sale intoxicating liquors was charged, of the fact that men were seen to escape from the house at the approach of an officer a short time before, and that a large number of men who were neither residents nor boarders were seen there a week previous, was proper to be considered in connection with such other evidence as was offered in the case. Commonwealth v. Sinclair, 138 Mass. 493. Commonwealth v. Cotton, 138 Mass. 500. Commonwealth v. Henderson, 140 Mass. 303.

Exceptions overruled.

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Devens, J.

The court did not, as the defendant contends, instruct the jury that they were justified in convicting the defendant on the evidence excepted to, but that the same was competent to be considered by them in finding their verdict. It does not appear that the government relied alone upon this evidence to secure a conviction, but the contrary. Evidence of the possession and disposition by the defendant and his wife of liquors there a few days prior to the day when the offence of unlawfully exposing and keeping for sale intoxicating liquors was charged, of the fact that men were seen to escape from the house at the approach of an officer a short time before, and that a large number of men who were neither residents nor boarders were seen there a week previous, was proper to be considered in connection with such other evidence as was offered in the case. Commonwealth v. Sinclair, 138 Mass. 493. Commonwealth v. Cotton, 138 Mass. 500. Commonwealth v. Henderson, 140 Mass. 303.

Exceptions overruled.

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Bluebook (online)

23 N.E. 1137, 151 Mass. 358, 1890 Mass. LEXIS 221, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-lynch-mass-1890.

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