50 Conn. 415 | Conn. | 1883
The defendant was on trial before the jury for keeping a place reputed to be a place where intoxicating liquors were kept for sale, without having a license therefor. On the trial he offered in evidence the record of a justice court acquitting him of the charge of keeping intoxicating liquors for the purpose of selling them, without a license; the latter charge covering the same time with that on which he was then on trial before the jury. The evidence was admitted, and the counsel for the defendant requested the court to charge the jury that it was conclusive in the defendant’s favor, as showing that the reputation of the place, as one where intoxicating liquors were kept for sale, had no foundation in fact. The court refused so to charge, and the question now before us is, whether this was error.
This court has of course nothing to do with the probabilities of the case. The sole question for us is whether the acquittal in the former case and the conviction in the present can stand together as a matter of law. In other words, does the acquittal in that case exclude the possibility, as a matter of law, of a conviction in this.
The statute upon which the present complaint is founded was fully considered by this court in the cases of State v. Morgan, 40 Conn., 44, and State v. Thomas, 47 id., 546. The statute was there interpreted as meaning a reputation founded in fact, and as therefore equivalent to proof of the
A charge therefore of keeping a place reputed to be a place where liquors are kept for sale, and a charge of keeping liquors for sale in fact, stand, both in logic and in law, upon entirely different evidence. In the first case the charge is sustained by proof of reputation, unless the defendant proves the actual fact to be otherwise. In the latter, the charge can be sustained only by proof of the actual fact. It might thus happen that a charge of reputation would be fully sustained and, the defendant offering no evidence, he would be convicted, and at the same time the state might fail to prove the actual fact, making an acquittal of the defendant necessary, even if he had offered no evidence in his own favor. It is decisive of the present ease that the two cases, of conviction in the one upon reputation, and acquittal in the other upon the actual fact, can stand together, with no legal conflict or inconsistency.
A further question is made with regard to the admissibility of evidence. The state offered evidence to prove, and the court finds that it was proved, that the defendant kept the place in question continuously from about the 1st of August, 1881, down to and after July, 1882. The complaint charged the keeping of a house where it was reputed that liquors were kept for sale, as being on the 10th day of March, 1882, and the state offered evidence that the house bore that reputation on that day. It was open to the defendant to show that he did not in fact at that time keep liquors with any such intent to sell, and thus to show that the reputation had no foundation in fact and was really a false one. This made the question of the actual fact a pertinent one. On this question the state, having before proved the continuous keeping of the place by the defendant till the July following the time charged, offered evidence to prove that the defendant actually had a supply of liquors on hand as if for sale in June of the same year. This was three months after the time charged and to which the state was directing its proof.
There is no error in the rulings of the court.
In this opinion the other judges concurred.