Commonwealth v. Kirk

Dewey, J.

We think the instructions given to the jury in the present case were right, and there was nothing in the case requiring any further instructions. By the statute three sales are declared sufficient to constitute the offence of being a common seller. Si. 1855, c. 215, § 17. There was no other evidence tending to qualify the character of these sales, or to authorize the jury to acquit the defendant. Exceptions overruled.