144 Mass. 171 | Mass. | 1887
The law, that, in misdemeanors, all who aid or assist others in committing the offence are principals, and equally guilty with those who actually commit it, has been applied with some limitations to the statutory offence charged in this indictment. In the cases where, in the opinions, this general rule of law has been declared, the evidence showed that the defendant either was the proprietor or for a longer or shorter time had had charge and control of the place alleged to have been kept and maintained as a common nuisance. Commonwealth v. Kimball, 105 Mass. 465. Commonwealth v. Dowling, 114 Mass. 259. Commonwealth v. Burke, 114 Mass. 261.
From the cross-examination of the witness Pushaw, it appears that he had no personal knowledge that Edward H. Galligan was the proprietor of the saloon, and no knowledge of any fact that was competent evidence, except the conversation with Edward, the purport of which does not appear. If Edward, in that conversation, admitted that he was the proprietor, this admission was competent evidence against him. The jury should have been told that the testimony of Pushaw must be disregarded, except that part of it which contained the conversation with Edward. Whether that conversation was admissible against Edward we cannot determine, because we do not know what it was. Exceptions sustained.