Commonwealth v. Elliott

121 Mass. 367 | Mass. | 1876

By the Court.

The court below erred in ruling, as matter of law, that if the defendant ‘i stopped in Haymarket Square for the time and in the manner testified to by the witness for the government, occasionally moving backwards and forwards in front of the depot, and confining himself to that locality, he would be guilty of standing in violation of the by-law,” instead of submitting the case to the jury upon all the evidence, with proper instructions. Exceptions sustained.