Commonwealth v. McHugh

18 N.E. 74, 147 Mass. 401, 1888 Mass. LEXIS 118

Opinion

By the Court.

The fact that the officers, upon entering the defendant’s kitchen, saw upon the table a bottle which appeared to contain whiskey, and a tumbler, was clearly competent. It was also competent to show what became of it, as a part of the res gestee, and to account for not producing it in court. Besides, the fact that the defendant permitted a person present to throw it out of the window, without any objection, is a significant indication that he did not have the bottle of whiskey for any innocent purpose.

Exceptions overruled.