Commonwealth v. Carney
Massachusetts Supreme Judicial Court
Indictment on the Gen. Sts. e. 87, §§ 6, 7, for keeping and maintaining at Lynn on June 1,1871, and divers other days and times between that day and the first Monday of October 1871, a tenement used by the defendant for the illegal sale and illegal keeping of intoxicating liquors.
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Indictment on the Gen. Sts. e. 87, §§ 6, 7, for keeping and maintaining at Lynn on June 1,1871, and divers other days and times between that day and the first Monday of October 1871, a tenement used by the defendant for the illegal sale and illegal keeping of intoxicating liquors. At the trial in the superior court, before iScudder, J., two of the witnesses for the Commonwealth testified to sales of intoxicating liquors by the defendant in the tenement on the 25th of July and the 2d, 20th and 23d of September 1870, and also to acts of the defendant on those occasions, which tended to show…
1Opinion of the CourtColt, J.
Evidence that the defendant kept a tenement at a time when it was not kept for an unlawful purpose would not, it is true, alone be sufficient to show that he had previously kept it when it was so used. But this evidence does not here stand alone. There was proof of the defendant’s possession and use of the premises for an unlawful purpose shortly before; and the evidence was properly admitted, as tending to show, in the absence of any apparent change, the nature of the defendant’s continuous occupancy of the premises as keeper. Todd v. Rowley, 8 Allen, 51, 58. 1 Greenl. Ev. § 41. Exceptions…
2Cited by5 opinions
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- Commonwealth v. PatalanoMassachusetts Supreme Judicial Court · 1925
- Commonwealth v. McNeffMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. BerryMassachusetts Supreme Judicial Court · 1872