Commonwealth v. Hyland
| Decision Date | 24 November 1891 |
| Citation | 155 Mass. 7,28 N.E. 1055 |
| Parties | COMMONWEALTH v. HYLAND. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
The evidence showed that all purchases of liquors had been from defendant's wife. The defendant testified, and admitted that the place described as where the liquors were purchased was the tenement where he lived with his wife; that he lived there with her and an adopted daughter; that a man named John Smith, who then carried on the grocery business in the store in front, boarded with them; that he had not carried on business himself in the store since his insolvency in 1888; that he had a license to sell liquor, which expired in May, 1889, and that since that date he had not sold any intoxicating liquor to any one, nor authorized any one to sell for him; that in his own tenement, and, so far as he knew, in the store, none had been kept or sold; that on the 1st day of August, 1890, he went to Bellevue Hospital, in New York, to be treated for his eyes; that he remained there and in Orange, N.J., until August 14th; that during the whole of that period he was absent from Massachusetts, and had no knowledge of the transactions testified to; that, if his wife did sell at any time, it was against his wishes, knowledge, or consent.
A.E. Pillsbury, Atty. Gen., and C.N. Harris, Asst. Atty. Gen., for the Commonwealth.
J. & R.C. Brown, for defendant.
The jury may have disbelieved the defendant's testimony. In that case, the fact that he and his wife lived together in his tenement was competent evidence to prove that she acted as his agent. Com. v. Coughlin, 14 Gray, 389; Com. v. Reynolds, 114 Mass. 306; Com. v. Locke, 145 Mass. 401, 14 N.E. 621.
Exceptions overruled.
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