Commonwealth v. Gormley
| Decision Date | 02 December 1882 |
| Citation | 133 Mass. 580 |
| Parties | Commonwealth v. Ann Gormley |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Middlesex. Complaint alleging that the defendant, at Somerville, on October 30, 1881, unlawfully sold to Thomas Casey one gill of whiskey. Trial in the Superior Court before Brigham, C. J., who allowed a bill of exceptions, in substance as follows:
Casey a boy under twelve years of age, was called as a witness by the government, and testified that his name was Thomas F Casey; that, on the day in question, he was furnished with money by one Mary Daley, and told to go to the shop kept by Andrew Gormley in the dwelling-house occupied by himself and his wife, the defendant, and purchase one gill of whiskey and some cakes; that he went to the shop and found the defendant there, and told her that his mother, who it appeared was accustomed to buying goods there, had sent him for one gill of whiskey and some cakes; and that the defendant delivered to him the whiskey and cakes, and he paid her twelve cents for them, and carried them to Daley.
Mary Daley was also called by the government as a witness, and testified that she sent Casey for the whiskey and cakes, and gave him the money to pay for the same; that he brought the whiskey to her, and that she carried it to the police and caused this complaint to be made.
There was evidence on the part of the defendant that her husband was in the house, in a room adjoining the shop, when the sale to Casey took place, sick upon a bed; and that the door between the shop and room was open.
The defendant asked the judge to rule as follows:
The judge gave the third ruling requested; declined to give the others; and instructed the jury as follows: "If the defendant made the sale alleged, not in the presence or with the knowledge of her husband, or when he was in a situation to exercise, or exercising, any control or influence over her in the matter of the sale, the defendant may be convicted of a sale to Thomas F. Casey, if he was the person named in the complaint as the person to whom the defendant made an unlawful sale, notwithstanding he is styled in the complaint Thomas Casey, provided that person was as well known and called by the name of Thomas Casey as by the name of Thomas F. Casey, if, in making the purchase, Casey, although acting therein as the agent of Mary Daley, did not disclose the fact that h...
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