Commonwealth v. Cogan
Massachusetts Supreme Judicial Court
Complaint, in Suffolk, under the Gen. Sts. c. 87, §§ 6, 7, for keeping and maintaining a tenement oh April 6, 1870, and on divers other days between that day and October 6,1870, for the illegal keeping and sale of intoxicating liquors.
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Complaint, in Suffolk, under the Gen. Sts. c. 87, §§ 6, 7, for keeping and maintaining a tenement oh April 6, 1870, and on divers other days between that day and October 6,1870, for the illegal keeping and sale of intoxicating liquors. At the trial in the superior court, before Devens, J., on appeal from the municipal court of the city of Boston, there was evidence that the defendant kept and maintained a shop on India Wharf in Boston; that the shop was a room fronting on the wharf and extending back to Export Street, was fitted up and equipped for the liquor traffic, and was used by the…
1Opinion of the Court
By the Court.
1. The shop described was a tenement, within the meaning of the statute. Commonwealth v. Godley, 11 Gray 454. Commonwealths. McCaughey, 9 Gray, 296.
2. Things adapted to the sale of prohibited liquors may be also adapted tp many innocent- uses. But their existence in this .shop might be proved to the jury, and the instructions given to them as to the effect of such evidence were correct. Commonwealth v. Higgins, 16 Gray, 19.
3. This offence may be committed by a violation of the statute on a single occasion. Commonwealth v. Gallagher, 1 Allen, 592. Commonwealth v. Higgins, 16 Gray,…
2Cited by5 opinions
- Reale v. Judges of the Superior CourtMassachusetts Supreme Judicial Court · 1928
- State v. HoxsieSupreme Court of Rhode Island · 1885
- Commonwealth v. KerrisseyMassachusetts Supreme Judicial Court · 1886
- Commonwealth v. MitchellMassachusetts Supreme Judicial Court · 1874
- Commonwealth v. OwensMassachusetts Supreme Judicial Court · 1873