162 Mass. 518 | Mass. | 1895
The government introduced evidence which, taken by itself, tended to prove that the defendants were bringing the intoxicating liquors into the town of Maynard to a place
Exceptions overruled.
A police officer of the town of Maynard, called as a witness by the government, was asked in direct examination with reference to Julius Loewe and his premises: “ Do you know whether or not Julius Loewe was on or about July, 1893, generally known and represented to be a dealer in intoxicating liquor at that place?” The witness answered, “ Yes, he had the reputation of being a dealer in intoxicating liquor on those premises.” Another police officer of the town, called as a witness by the Commonwealth, was asked in direct examination, “ Do you know whether or not the place had the reputation at or about that time [July 7, 1893] of being a place where intoxicating liquor was sold? ” The witness answered, “ Yes, it had the reputation of being a place where liquor was sold.” To both questions and answers the defendants objected. The objection was overruled, and the defendants excepted.
The judge instructed the jury that the above testimony was competent, and only to be considered by them as bearing on the question whether the defendants had reasonable cause to believe that the intoxicating liquor alleged to have been brought by them into the town of Maynard at the time in question was intended for sale in said town in violation of law, and that it was to be confined to that issue alone.