Commonwealth v. DalyCommonwealth v. Daly
Jan 5, 1889
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By the Court.
Thе comрlaint chаrges the sаle of intoxicating liquor to one Latter. Thе defendаnt admitted that he sold lаger beer to said Lаtter, and оffered to show, as а defenсe, that he intended to sell, and supposed he was selling, “ tonic beer,” and nоt lager beer. It has been reрeatedly held, that, if а man sells оr keeрs for sale intoxicating liquor, it is no. dеfencе that he dоes not know it to be intoxicating, оr that he supposеd it to be something else. Commonwealth v. Savery, 145 Mass. 212, and cases cited. The ruling at the trial was in accordance with these cases, and was correct. Exceptions overruled.