Commonwealth v. Wallace
| Citation | 123 Mass. 400 |
| Parties | Commonwealth v. James Wallace |
| Decision Date | 15 November 1877 |
| Court | United States State Supreme Judicial Court of Massachusetts |
Bristol. Complaint for unlawfully keeping intoxicating liquors with intent to sell the same.
At the trial in the Superior Court, before Rockwell, J., the jury returned a verdict of guilty; and the defendant alleged exceptions to the admission of certain evidence, the nature of which appears in the opinion.
Exceptions overruled.
E. L. Barney & H. M. Knowlton, for the defendant.
W. C. Loring, Assistant Attorney General, for the Commonwealth.
There was evidence to the effect that the defendant kept a place of business consisting of two rooms, in one of which was a counter and a few cigars with tables and chairs; that the place was one of common resort; that on being arrested at that place he tried to conceal a bottle containing intoxicating liquor in his pocket, and afterwards, and while under arrest, he threw it away; and that, a few days after his arrest, he made an attempt to bribe the officer who arrested him. These proceedings on his part were competent evidence against him. In most criminal cases a portion of the evidence consists of the conduct and deportment of the accused party at and after the time of the charge. Thus flight, concealment, the use of falsehoods or evasions, are all matters which the jury have a right to look upon as unfavorable and suspicious. Roscoe Crim. Ev. (7th Am. ed.) 18. The evidence admitted was all of it competent and material. Its weight and effect were for the jury to estimate, and we cannot say that it was not sufficient to justify their verdict.
Exceptions overruled.
To continue reading
Request your trial
-
Commonwealth v. Acton
...charged, and that her conduct in hiding the bottle was not evidence against her, if the officers were acting legally. Com. v. Wallace, 123 Mass. 400;Com. v. Daily, 133 Mass. 577;Com. v. Locke, 145 Mass. 401, 14 N.E. 621;Com. v. Downey, 148 Mass. 14, 18 N.E. 584;Com. v. Gillon, 148 Mass. 15,......
-
Commonwealth v. Min Sing
...upon it are applicable to conduct of a defendant in a criminal case, as well as to that of a party in a civil suit. Com. v. Wallace, 123 Mass. 400; Com. v. Webster, 5 Cush. 295-316, 52 Am. Dec. 711; Com. v. Sullivan, 156 Mass. 487, 31 N. E. 647;Allen v. United States, 164 U. S. 492, 17 Sup.......
-
Com. v. Min Sing
...202 Mass. 121 88 N.E. 918 COMMONWEALTH" v. MIN SING et al. Supreme Judicial Court of Massachusetts, Suffolk.May 20, 1909 ... [88 ... N.E. 919] ... \xC2" ... applicable to conduct of a defendant in a criminal case, as ... well as to that of a party in a civil suit. Com. v ... Wallace, 123 Mass. 400; Com. v. Webster, 5 ... Cush. 295-316, 52 Am. Dec. 711; Com. v ... Sullivan, 156 Mass. 487, 31 N.E. 647; Allen v ... United ... ...
-
Com. v. Purdy
...Purdy was clearly admissible, as also the testimony of Vedetto. It was competent to show that the place was one of common resort. Com. v. Wallace, 123 Mass. 400. presence of intoxicated persons in the street near defendant's house was an item of evidence proper to be considered, in connecti......