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COMMONWEALTH vs. GEORGE E. DUPREY.

Evidence, Competency. Intoxicating Liquors. A paper purporting to be a prescription for sherry wine, with a date upon it in a different handwriting, found on a spindle in a druggist's shop with other similar prescriptions, is competent in connection with other evidence to show a sale of the wine at the date indorsed on the prescription. The jury might infer from its having been retained that it was filed in the regular course of business.

HOLMES, C.J.

The prescription was found in the defendant's possession along with others, seemingly filed in the regular course of business, and marked in a different handwriting with a date which might be inferred to be the date of its reception. We cannot say that the jury were not warranted in drawing the further inference that it had been filled. Most prescriptions are, and it might be thought that otherwise it would not have been retained.

Exceptions overruled.

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COMMONWEALTH v. DUPREY
(Feb 27, 1902)