Commonwealth v. Certain Intoxicating Liquors
Massachusetts Supreme Judicial Court
Complaint under the St. of 1869, c. 415, §§ 44, 45, against certain intoxicating liquors alleged to be kept and deposited by William McCandless in his dwelling-house, he intending to sell the same in violation of law.
Read the full summary
Complaint under the St. of 1869, c. 415, §§ 44, 45, against certain intoxicating liquors alleged to be kept and deposited by William McCandless in his dwelling-house, he intending to sell the same in violation of law. At the trial in the Superior Court, before Wilkinson, J., the evidence on the part of the government tended to show that the liquor seized was found in a barrel in the bed-room of the said McCandless, and with the barrel was a tunnel; that the government stamp on said barrel was about a month old, and that the barrel was not full by about twelve or sixteen gallons; and that…
1Opinion of the CourtAmes, J.
The evidence reported in this bill of exceptions had a strong tendency to show that the claimant’s dwelling-house was the magazine or storehouse in which liquors were privately kept for the supply of his saloon. The number of empty barrels in his cellar, the condition of the one in which the liquor was seized, the dates of the government stamps upon the barrels, the proximity of the house to his saloon, and the small flasks found at the saloon and containing liquors, all tend in the same direction. It was not necessary to prove that sales were made or intended to be made at the house. An…
2Cases cited1 opinion
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1870
3Cited by5 opinions
- Commonwealth v. KeenanMassachusetts Supreme Judicial Court · 1889
- Commonwealth v. KozlowskyMassachusetts Supreme Judicial Court · 1923
- Commonwealth v. McCluskeyMassachusetts Supreme Judicial Court · 1877
- Commonwealth v. SheaMassachusetts Supreme Judicial Court · 1893
- Commonwealth v. HughesMassachusetts Supreme Judicial Court · 1891