257 Mass. 181 | Mass. | 1926
Six defendants were indicted for conspiracy to sell intoxicating liquors, to expose and keep for sale intoxicating liquors, and to transport by vehicle intoxicating liquors. Other defendants, save one not apprehended, having pleaded guilty, the case was finally submitted to the jury against Michael Muchnikoff and Jesse J. Muchnikoff alone. Verdicts of guilty were rendered against both, each was sentenced, execution was stayed pending determination of exceptions in this court, and exceptions were allowed. Thereafter, as appears from the docket entries and certificate of the clerk of courts, the defendant J. J. Muchnikoff waived his exceptions in open court, order staying execution of sentence was revoked, the sentence imposing both fine and imprisonment was revoked, and a new sentence imposing a fine only was entered and the fine paid. In these circumstances the exceptions of J. J. Muchnikoff are not now rightly before this court and will not be considered.
The single exception of Michael Muchnikoff, hereafter called the defendant, was to the denial of a motion to direct a verdict in his favor. An accomplice testified that during about seven months of the time alleged he was driving an
The jury might have found on this evidence that the conduct and testimony of the defendant excluded every other reasonable hypothesis except that he was a participant in the unlawful conspiracy charged. Attorney General v. Tufts, 239 Mass. 458, 493, 494.
Exceptions overruled as to Michael Muchnikoff and dismissed as to Jesse J. Muchnikoff.