154 Mass. 55 | Mass. | 1891
The defendant in this case was charged with bringing into the city of Lowell certain intoxicating liquors, having reasonable cause to believe that the same were intended to be sold in said city, in violation of law. It was agreed at the trial that the city of Lowell granted no licenses at the time named in the complaint. It is well settled that one who aids another in committing a misdemeanor is equally guilty with one who actually commits it. Commonwealth v. Drew, 3 Cush. 279. Commonwealth v. Ray, 3 Gray, 441. Commonwealth v. Gannett, 1 Allen, 7. People v. Erwin, 4 Denio, 129. United States v. Gooding, 12 Wheat. 460, 475, 476. Regina v. Greenwood, 16 Jury 390. And this rule has been applied in this State to statutory offences arising under the liquor law, so called. Commonwealth v. Galligan, 144 Mass. 171, 173. Commonwealth v. Murphy, 145 Mass. 250. In the present case, there was no testimony directly connecting the defendant with the transportation of the liquors which he was charged with bringing into the city of Lowell. The next question is whether there was any evidence tending to show that he aided or abetted in any way in bringing them into that city; and we think there was such evidence.
The defendant was the agent in Lowell of the New England
The liquors in question were brought into Lowell by the company in the ordinary course of business, as thus described, but the defendant had no personal knowledge that they had been ordered or were to be received at Lowell till they were in the company’s office at Lowell, and none of the other employees at the Lowell office knew of it till the messenger checked off the packages containing them, after the train had left Boston. There was evidence tending to show that a part of the liquors described in the complaint were marked “B Club,” and that the defendant told one of the government witnesses that liquors marked “ B Club ” were to be delivered to such persons in Lowell as should be designated by a man named Bartlett in Lowell; and a short time prior to September 8, 1890, the day named in the complaint, liquors marked “ B Club,” on the boxes
Upon this evidence, it was clearly competent for the jury to find, as they must have found under the instructions
The defendant cannot excuse himself on the grounds set up in his remaining requests for rulings which were refused, namely, that he was not guilty unless he himself brought the liquors into Lowell or controlled the persons who did, or if the persons who brought it in were under the direction and control of the Boston superintendent of the company, or if the liquors were brought into Lowell in the ordinary course of business without his knowledge, and it was beyond his power to regulate
.Exceptions overruled.
These instructions were as follows'. “ The first question is whether the liquors in question, or some of them, were brought into the city of Lowell in violation of this statute; that is, brought with the intent to have the same sold by another, or having reasonable cause to believe that the same was intended to be sold in violation of law. If the jury are satisfied beyond a reasonable doubt that they were so brought, the next question is, Is the defendant liable ? It is a well settled general principle of law that all persons who either commit a misdemeanor or knowingly and voluntarily aid, abet, assist, or encourage the commission thereof by any subordinate or collateral acts, are equally guilty as principals. I am not aware of any evidence in this case which directly connects the defendant with the bringing of this liquor into the city of Lowell, — any evidence directly connecting him. There is evidence tending to show that it was so brought by the New England Despatch Company, and that the defendant was the Lowell agent of the said company. Exactly what his service was has been put in evidence by himself. He called himself an agent, and the precise duties are to be settled upon testimony. It may not be precisely important, but it will show what the limit of his authority is; that, however, alone would not establish his liability. H nothing else appeared, the jury would be bound to return a verdict of not guilty. The defendant would not be responsible, either, for a casual violation of the statutes in which he had not knowingly participated.