Massachusetts Supreme Judicial Court, 1882

Commonwealth v. Rafferty

Massachusetts Supreme Judicial Court · Decided November 28, 1882 · Allen

133 Mass. 574; 1882 Mass. LEXIS 297

Cases that cite this one

9 later published cases cite this decision.

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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.”

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