This section contains the nature of the case and procedural background.

D was charged with illegally transporting intoxicating liquor into the city of Lynn, where no licenses of the first five classes for the sale of intoxicating liquor and no permits to transport such liquor into the city had been granted. D is a driver in the employ of a common carrier, and in the load was a sugar barrel, not marked by the seller or consignor as required by R.L. c. 100, § 49, for packages containing intoxicating liquor. Nothing about the barrel attracted any kind of attention or suspicions over its contents. D had no clue that it contained intoxicating liquor. The presiding judge refused to instruct the jury that unless D knew that the barrel contained intoxicating liquor or, from its appearance and all the circumstances, ought reasonably to have been put on inquiry as to its contents, he should be acquitted. D was convicted and appealed.

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