Commonwealth v. McCauley
Massachusetts Supreme Judicial Court
Indictment for keeping intoxicating liquors with intent to sell. At the trial in the superior court, before Rockwell, J., the defendant was convicted and alleged exceptions, of which the material part was as follows: “ Previously to pleading to this indictment the defendant was tried for keeping and maintaining a nuisance by reason of the keeping of a tenement for the illegal sale and keeping of intoxicating liquor.
Read the full summary
Indictment for keeping intoxicating liquors with intent to sell. At the trial in the superior court, before Rockwell, J., the defendant was convicted and alleged exceptions, of which the material part was as follows: “ Previously to pleading to this indictment the defendant was tried for keeping and maintaining a nuisance by reason of the keeping of a tenement for the illegal sale and keeping of intoxicating liquor. The place of illegal keeping was the same in this aase and the one tried as aforesaid, and the instances of such keeping relied on were the same, and the evidence was…
1Opinion of the CourtMorton, J.
1. By the fair construction of the bill of exceptions it appears that the defendant, after filing his special plea in bar, introduced in evidence, in support of it, the record of a former acquittal in the superior court, upon an indictment for keeping and maintaining a tenement used for the illegal sale and illegal keeping of intoxicating liquors. If no issue, either in law or to the country, was taken on this plea, which does not distinctly appear, we think that by going to trial upon his plea, without objecting that issue had not been joined on it, the defendant waived the informality. This…
2Cases cited1 opinion
- Commonwealth v. HoganMassachusetts Supreme Judicial Court · 1867
3Cited by13 opinions
- State v. SlorahSupreme Judicial Court of Maine · 1919
- Commonwealth v. DiStasioMassachusetts Supreme Judicial Court · 1937
- Parshall v. StateCourt of Criminal Appeals of Texas · 1911
- People v. MehraCalifornia Court of Appeal · 1925
- State v. HoweOregon Supreme Court · 1895
8 more not listed; retrieve them via the Exa API.