Massachusetts Supreme Judicial Court, 1887

Commonwealth v. Murphy

Massachusetts Supreme Judicial Court · Decided November 22, 1887 · Holmes

145 Mass. 250; 13 N.E. 892; 1887 Mass. LEXIS 64

Cases that cite this one

7 later published cases cite this decision.

State v. Dahms (N.D. 1914)
Commonwealth v. Burns (Mass. 1897)
Commonwealth v. Brown (Mass. 1891)
State v. Gravelin (R.I. 1889)
Commonwealth v. Merriam (Mass. 1889)
State v. McGuire (N.H. 1888)
Commonwealth v. Brady (Mass. 1888)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Holmes, J.

The jury may fairly have understood that they were instructed to convict the defendant Godfrey, although they *251should find that Murphy was the sole proprietor, and that Godfrey’s assistance was only that of a servant, rendered in Murphy’s presence, and without exercising any kind of control over the premises. The case therefore falls within Commonwealth v. Galligan, 144 Mass. 171, which was decided after the ruling excepted to. See also Commonwealth v. Churchill, 136 Mass. 148, 151. This is the only exception argued, and is admitted not to affect the defendant Murphy.

Exceptions of Q-odfrey sustained.

Exceptions of Murphy overruled.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.