Commonwealth v. Tryon
Massachusetts Supreme Judicial Court
Indictment of Albert Tryon and Flotilla F. Tryon for keeping and maintaining a building in Monterey, used for the illegal keeping and illegal sale of intoxicating liquors, in violation of the Gen. Sts. c. 87, §§ 6, 7, which provide that “ all buildings, places or tenements, resorted to for prostitution, lewd ness oi illegal gaming, or used for the illegal keeping or sale of intoxicating liquors, shall be deemed common nuisances,” and that “ whoever teeps or maintains ” such…
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Indictment of Albert Tryon and Flotilla F. Tryon for keeping and maintaining a building in Monterey, used for the illegal keeping and illegal sale of intoxicating liquors, in violation of the Gen. Sts. c. 87, §§ 6, 7, which provide that “ all buildings, places or tenements, resorted to for prostitution, lewd ness oi illegal gaming, or used for the illegal keeping or sale of intoxicating liquors, shall be deemed common nuisances,” and that “ whoever teeps or maintains ” such a common nuisance shall be punished Dy fine or imprisonment. The defendants filed a plea in abatement alleging that…
1Opinion of the CourtGray, J.
The law is clear that a husband and wife may be jointly indicted, and, upon sufficient proof, both convicted. Commonwealth v. Murphy, 2 Gray 512, 513. Such convictions upon such indictments have been sustained for keeping a bawdy* *444house or a common gaming-house. Regina v. Williams, 1 Salk. 384, and 10 Mod. 63. The King v. Dixon, 10 Mod. 335. The offence of keeping a common nuisance by maintaining a house used for the illegal sale and illegal keeping of intoxicating liquors has no peculiarity to distinguish it in this respect, for the wife may take an active part in its management. Indeed…
2Cited by12 opinions
- Commonwealth v. MannosMassachusetts Supreme Judicial Court · 1942
- Village of St. Johnsbury v. ThompsonSupreme Court of Vermont · 1887
- Commonwealth v. HeffronMassachusetts Supreme Judicial Court · 1869
- Commonwealth v. ChurchillMassachusetts Supreme Judicial Court · 1883
- Commonwealth v. HillMassachusetts Supreme Judicial Court · 1887
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