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State v. Kelley

Supreme Judicial Court of Maine. Cumberland
Feb 25, 1930
149 A. 153 (Me. 1930)

Opinion

Opinion February 25, 1930.

CRIMINAL LAW. INTOXICATING LIQUORS. JUDICIAL NOTICE.

Alcohol, within the judicial notice of the Court and the common knowledge of all men, is an intoxicating liquor. Facts which all persons of ordinary intelligence are presumed to know need not be proven.

On exceptions. Defendant was tried under an indictment for the unlawful possession of intoxicating liquors. At the close of all the evidence and before arguments respondent filed a motion that the jury be instructed to return a verdict of "not guilty." To the refusal of the presiding Justice to so rule respondent excepted. Exceptions overruled.

The case sufficiently appears in the opinion.

Ralph M. Ingalls, County Attorney,

Walter M. Tapley, Assistant County Attorney, for the State.

William A. Connellan, Harry H. Cannell, Charles Cohen, for respondent.

SITTING: PATTANGALL, C. J., DUNN, STURGIS, BARNES, FARRINGTON, JJ.


Exception to the refusal of the presiding Judge to direct a verdict of "not guilty" at the close of the evidence, in the trial of an indictment against the respondent for unlawful possession of intoxicating liquors.

Two witnesses testified that the respondent, having "alcohol" in his possession, in the kitchen of his house, sold a bottle of it to a State's witness. The respondent offered no defense.

With this proof that the respondent had "alcohol" in his possession with intent to sell the same without further evidence of the intoxicating quality or effect of the liquor, a verdict of guilty was warranted and the case properly submitted to the jury. This court has already declared "alcohol" an intoxicating liquor within its judicial notice and the common knowledge of all men. State v. Clancy, 121 Me. 83. Facts which all persons of ordinary intelligence are presumed to know need not be proven. Com. v. Peckham, 2 Gray (Mass.), 514; State v. Dunn, 221 Mo., 530; Underhill's Crim. Ev., 53.

Exception overruled. Judgment for the State.


Summaries of

State v. Kelley

Supreme Judicial Court of Maine. Cumberland
Feb 25, 1930
149 A. 153 (Me. 1930)
Case details for

State v. Kelley

Case Details

Full title:STATE OF MAINE vs. JOHN J. KELLEY

Court:Supreme Judicial Court of Maine. Cumberland

Date published: Feb 25, 1930

Citations

149 A. 153 (Me. 1930)
149 A. 153

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