Commonwealth v. Rafferty

Massachusetts Supreme Judicial Court
Commonwealth v. Rafferty, 133 Mass. 574 (Mass. 1882)
1882 Mass. LEXIS 297
Allen

Commonwealth v. Rafferty

Opinion of the Court

C. Allen, J.

Under the Pub. Sts. c. 214, § 12,* when acts apparently criminal have been proved in support of an indictment, and the defendant relies upon a license as a justification, the duty rests on him of proving a license which is broad enough to authorize the particular acts complained of. It is not sufficient for him to make it appear that he held some license; he must prove a license which is sufficient for his justification. . Exceptions overruled.

“In all criminal prosecutions in which the defendant relies for Ms justification upon any license, appointment or authority, he shall prove the same; and, until such proof, the presumption shall be that he is not so authorized.”

Reference

Full Case Name
Commonwealth v. Owen Rafferty
Cited By
9 cases
Status
Published