Commonwealth v. Whelan
Massachusetts Supreme Judicial Court
Complaint to the Municipal Court of Boston, charging the defendant, on September 18, 1882, at Boston, with an unlawful sale of intoxicating liquors to a man whose name was unknown to the complainant.
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Complaint to the Municipal Court of Boston, charging the defendant, on September 18, 1882, at Boston, with an unlawful sale of intoxicating liquors to a man whose name was unknown to the complainant. Trial in the Superior Court, before Mason, J., who allowed a bill of exceptions, in substance as follows: The evidence showed that the defendant made a sale of lager beer to a man unknown, at the time alleged in the complaint, in a building bounded on one side by Chapman Street and on another side by Shawmut Avenue in Boston, the two streets intersecting each other at the corner of the building;…
1Opinion of the CourtColbukn, J.
The principal question presented in this case is, whether the building described in the exceptions and in the license was, under the facts in evidence, on Shawmut Avenue, within the meaning of the St. of 1882, e. 220. This building was situated at one of the corners of Shawmut Avenue and Chapman Street, bounding upon both streets, and having a door and window, or windows, upon each street, though during the time covered by the license the door and window on Shawmut Avenue were permanently closed by boarding. Before the door and window were boarded up, it could not be questioned that the…
2Cited by4 opinions
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