State v. Mullikin

Perkins, J.>

Indictment for keeping a nuisance. Indictment quashed. It charges that the defendant, being licensed to retail spirituous liquors, caused and procured certain evil disposed persons, for the lucre and gain of the said defendant, to congregate in and about the grocery in which said liquors were sold, and permitted them there to remain drinking, cursing, blackguarding, fighting, misbehaving themselves, &c.

The case of The State v. Bertheol, 6 Blackf. 474, decides that unlicensed retailing houses, kept as that in this indictment is charged to have been, are public nuisances at common…