Massachusetts Supreme Judicial Court, 1888

Commonwealth v. McHugh

Commonwealth v. McHugh
Massachusetts Supreme Judicial Court · Decided October 13, 1888
147 Mass. 401; 18 N.E. 74; 1888 Mass. LEXIS 118
Commonwealth v. McHugh

Cases that cite this one

3 later published cases cite this decision.

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Opinion of the Court

By the Court.

The fact that the officers, upon entering the defendant’s kitchen, saw upon the table a bottle which appeared to contain whiskey, and a tumbler, was clearly competent. It was also competent to show what became of it, as a part of the res gestee, and to account for not producing it in court. Besides, the fact that the defendant permitted a person present to throw it out of the window, without any objection, is a significant indication that he did not have the bottle of whiskey for any innocent purpose.

Exceptions overruled.

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