Commonwealth v. Dowling
Massachusetts Supreme Judicial Court
Complaint to the Municipal Court of the city of Boston, under Gen. Sts. e. 87, § 7, charging the defendant with keeping and maintaining a tenement used for the illegal sale of intoxicating liquors. At the trial in the Superior Court, before Aldrieh,, J., it appeared that the defendant sold intoxicating liquor in the premises described in the complaint, during the time set forth in the complaint, sometimes in the presence, and sometimes in the absence, of the proprietor.
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Complaint to the Municipal Court of the city of Boston, under Gen. Sts. e. 87, § 7, charging the defendant with keeping and maintaining a tenement used for the illegal sale of intoxicating liquors. At the trial in the Superior Court, before Aldrieh,, J., it appeared that the defendant sold intoxicating liquor in the premises described in the complaint, during the time set forth in the complaint, sometimes in the presence, and sometimes in the absence, of the proprietor. The defendant offered evidence tending to show that he was not the owner or lessee of the tenement mentioned in the…
1Opinion of the CourtAmes, J.
The exceptions find that the defendant sold intoxicating liquor in the described premises, sometimes in the pres-: ence of the proprietor, and sometimes also in his absence. If so, it was immaterial that he was merely a bar-tender, having no pecuniary interest in the business, and acting only under direction of the proprietor. If as a bar-tender or servant of the proprietor, he, in the absence of the proprietor, made sales of intoxicating liquors on the premises, he could lawfully be convicted of so aiding in the keeping and maintaining of the tenement for the “illegal uses charged that he…
2Cases cited1 opinion
- Commonwealth v. KimballMassachusetts Supreme Judicial Court · 1870
3Cited by7 opinions
- Grant v. StateSupreme Court of Florida · 1894
- Village of St. Johnsbury v. ThompsonSupreme Court of Vermont · 1887
- Commonwealth v. ChurchillMassachusetts Supreme Judicial Court · 1883
- Commonwealth v. GalliganMassachusetts Supreme Judicial Court · 1887
- State v. HoxsieSupreme Court of Rhode Island · 1885
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