280 Mass. 435 | Mass. | 1932
The defendant was tried on two complaints, one for keeping intoxicating liquors with intent to sell contrary to law, the other for maintaining a liquor nuisance. There was evidence that the defendant with his family lived on a small farm in Hatfield, and raised tobacco and
1. One of the officers testified that he remained on the premises until 5:30 o’clock the next morning and during that time two motor vehicles were driven into the yard; that one of them came there on three occasions and was operated by one Mikaliewicz. One of the officers who participated in the raid was called as a witness by the Commonwealth and asked in substance if he knew Mikaliewicz’s general reputation in the community “for compliance with the liquor laws or anything in regard to his reputation for liquor traffic?” The answer was in the affirmative.- The witness was then permitted to testify, subject to the defendant’s exception, that Mikaliewicz handled liquor and transported it, and that that was his general reputation. We are of opinion that this evidence was admissible. Since the adoption of the Eighteenth Amendment to the Federal Constitution and the act of Congress known as the Volstead act it is common knowledge that intoxicating liquor is sold unlawfully and at times delivered to the buyer by men who are known as “bootleggers.” If this evidence were believed, the jury could have found that Mikaliewicz was illegally engaged in handling and transporting intoxicating liquor. This evidence and the other evidence adduced had a tendency to show that the defendant was guilty of the charges set forth in the complaints.
2. The testimony of the police officer that he saw drinking men going in and out of the defendant’s house during the period set forth in the complaint charging, a common nuisance was admitted subject to the defendant’s exception. This witness testified that he knew the habits of these men for sobriety. The exception to the admission of this testimony must be overruled. If the jury found that the defendant’s house was resorted to by drinking men that fact would be evidence tending to show it was a place where intoxicating liquor could be purchased. Common
3. There was evidence that liquor was hidden under a partition in the barn. It was for the jury to determine whether or not the liquor was so concealed with the intent to sell it. The instructions to the jury with reference to this evidence were correct. Commonwealth v. D’Amico, 254 Mass. 512, 515. Commonwealth v. Helfman, 258 Mass. 410, 415.
4. It is obvious from the evidence respecting the presence in the house of the bottle caps, capping machine, alcohol tester, the still, and the liquor hidden in the barn and the other evidence, that the motions for directed verdicts for the defendant were rightly denied. Commonwealth v. Kozlowsky, 243 Mass. 538. Commonwealth v. Zaidon, 253 Mass. 600. The defendant’s exceptions to the admission of evidence for the reasons already stated show no error.
Exceptions overruled.