Commonwealth v. Clary
Massachusetts Supreme Judicial Court
The defendant was indicted at the Court of Common Pleas fat this county, November term, 1809, for selling spirituous liquors within the town of Springfield, in this county, against the form of the statute, &c. The indictment contained three counts, charging the defendant with three distinct offences in selling rum to three several persons. Upon a trial had in the court below, he was convicted, and sentenced to pay a fine and costs.
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The defendant was indicted at the Court of Common Pleas fat this county, November term, 1809, for selling spirituous liquors within the town of Springfield, in this county, against the form of the statute, &c. The indictment contained three counts, charging the defendant with three distinct offences in selling rum to three several persons. Upon a trial had in the court below, he was convicted, and sentenced to pay a fine and costs. From that sentence he appealed to this Court, having agreed on record that, in any future stage of the proceedings, he would admit the selling of the rum, as…
1Opinion of the Court
The action stood continued nisi for advisement; and at the following March term in Suffolk, the Chief Justice delivered the opinion of the Court, to the following effect: —
On the facts agreed in this case we are of opinion, that the territory, on which the offence charged is agreed to have been committed, is the territory of the United States, over which the congress have the exclusive power of legislation. The assent of the commonwealth to the purchase of this territory by the United States, had this condition annexed to it — that civil and criminal process might be served therein by the…
2Cited by59 opinions
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- Surplus Trading Co. v. CookSupreme Court of the United States · 1930
- Foley v. ShriverSupreme Court of Virginia · 1886
- Dicks v. DicksSupreme Court of Georgia · 1933
- Arledge v. MabryNew Mexico Supreme Court · 1948
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