Commonwealth v. O'Connor

Massachusetts Supreme Judicial Court

Commonwealth v. O'Connor

77 Mass. 94

CourtMassachusetts Supreme Judicial Court

DecidedSeptember 15, 1858

StatusPublished

This text of 77 Mass. 94 (Commonwealth v. O'Connor) 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. O'Connor, 77 Mass. 94 (Mass. 1858).

Pincite

Opinion

Thomas, J.

The evidence as to the drainer found in the defendant’s shop was competent to show the possession by the defendant of an usual implement in the sale of intoxicating liquor. It was competent for the defendant to meet this evidence by showing that the drainer was procured for a different purpose. The declaration made by the defendant, at the time of ordering the drainer to be made, of the purpose for which it was to be made, was competent as part of the res gestee, quali fying and explaining an act done. Exceptions sustained.

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Thomas, J.

The evidence as to the drainer found in the defendant’s shop was competent to show the possession by the defendant of an usual implement in the sale of intoxicating liquor. It was competent for the defendant to meet this evidence by showing that the drainer was procured for a different purpose. The declaration made by the defendant, at the time of ordering the drainer to be made, of the purpose for which it was to be made, was competent as part of the res gestee, quali fying and explaining an act done. Exceptions sustained.

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Bluebook (online)

77 Mass. 94, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-oconnor-mass-1858.