Commonwealth v. Daly
| Decision Date | 05 January 1889 |
| Citation | 148 Mass. 428,19 N.E. 209 |
| Parties | COMMONWEALTH v. DALY. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
J.F. Cronan, for defendant.
A.J. Waterman, Atty. Gen., and H.A. Wyman, Asst. Atty. Gen., for the Commonwealth.
The complaint charges the sale of intoxicating liquor to one Latter. The defendant admitted that he sold lager-beer to said Latter, and offered to show as a defense that he intended to sell, and supposed he was selling, "tonic-beer," and not lager-beer. It has been repeatedly held that, if a man sells or keeps for sale intoxicating liquor, it is no defense that he does not know it to be intoxicating, or that he supposed it to be something else. Com. v. Savery, 145 Mass. 212, 13 N.E. 611, and cases cited. The ruling at the trial was in accordance with these cases, and was correct.
Exceptions overruled.
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