Commonwealth v. Brady
Massachusetts Supreme Judicial Court
Complaint for keeping and maintaining a common nuisance, to wit, a tenement at Brockton, used for the illegal keeping and illegal sale of intoxicating liquors, from May 1, 1887, to December 13, 1887. At the trial in the Superior Court, on appeal, before Pitman, J., evidence was introduced tending to show that the tenement in question was a saloon, of which one Sumpter was the proprietor ; that the defendant was employed by Sumpter as a barkeeper; that on December 12, 1887,…
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Complaint for keeping and maintaining a common nuisance, to wit, a tenement at Brockton, used for the illegal keeping and illegal sale of intoxicating liquors, from May 1, 1887, to December 13, 1887. At the trial in the Superior Court, on appeal, before Pitman, J., evidence was introduced tending to show that the tenement in question was a saloon, of which one Sumpter was the proprietor ; that the defendant was employed by Sumpter as a barkeeper; that on December 12, 1887, while Sumpter was present and the defendant was behind the bar at work, intoxicating liquors were duly seized in the…
1Opinion of the CourtC. Allen, J.
1. The defendant, being clerk for the proprietor, is charged with keeping and maintaining the saloon. If he only acted as the proprietor’s servant, under his direct personal supervision, he could not properly be convicted of this offence. But he might properly be convicted thereof, if, in the proprietor’s absence, he made illegal sales, or otherwise assumed a temporary control of the premises. Commonwealth v. Churchill, 136 Mass. 148. Commonwealth v. Galligan, 144 Mass. 171. Commonwealth v. Murphy, 145 Mass. 250. In applying this rule to the present case, the jury might properly find, from…
2Cases cited4 opinions
- Commonwealth v. SchaffnerMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. ChurchillMassachusetts Supreme Judicial Court · 1883
- Commonwealth v. GalliganMassachusetts Supreme Judicial Court · 1887
- Commonwealth v. MurphyMassachusetts Supreme Judicial Court · 1887
3Cited by6 opinions
- Jennings v. RooneyMassachusetts Supreme Judicial Court · 1903
- Commonwealth v. JenskyMassachusetts Supreme Judicial Court · 1945
- Commonwealth v. PetersonMassachusetts Supreme Judicial Court · 1926
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1895
- Commonwealth v. RyanMassachusetts Supreme Judicial Court · 1893
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