Commonwealth v. Blanchard

After judgment rendered by a police court on a complaint on the St. of 1869, c. 415, § 37, for receiving intoxicating liquor intended for sale in violation of that statute, for the purpose of conveying it to another person, it is too late to object that the complaint omits to either name such person or aver that his name is unknown, and does not aver that the iquor was intended for sale in violation of the statute otherwise than by an averment that it was intended for sale “ in violation of the 415th chapter of the statutes of 1869 of the Commonwealth.”

Complaint on the St. of 1869, c. 415, § 37,* “ to the police court of Milford, in the county of Worcester and Commonwealth of Massachusetts,” that William J. Blanchard, on January 29, 1870, at said Milford, did receive into his custody and possession certain intoxicating liquor for the purpose of conveying the same to a person other than the said William J. Blanchard, which said intoxicating liquor, so received as aforesaid, was then and there intended for sale in violation of the- 415th chapter of the statutes of 1869 of said Commonwealth, he, the said William J. Blanchard, then and there having reasonable cause to believe that the said liquor was then and there intended for sale in violation of said chapter.” The defendant was adjudged guilty, and appealed. Trial in- the superior court, on the appeal, before Dewey, J., who allowed the following bill of exceptions : “ At the trial, after the Commonwealth had offered evidence tending to prove the offence, the defendant asked the judge to rule that under this complaint the defendant could not be legally convicted of the alleged offence. The judge declined so to ride, and did rule that under this complaint the jury on the evidence might convict the defendant. The jury found the defendant guilty, and he alleged exceptions.”