Commonwealth v. Lyons
Massachusetts Supreme Judicial Court
Complaint, for keeping and maintaining a common nuisance, to wit, a certain tenement in Haverhill used for the illegal sale and illegal keeping of intoxicating liquors, on March 1,1892, and on divers other days and times between that day and May 21, 1892. Trial in the Superior Court, before Dunbar, J., who allowed a bill of exceptions, in substance as follows.
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Complaint, for keeping and maintaining a common nuisance, to wit, a certain tenement in Haverhill used for the illegal sale and illegal keeping of intoxicating liquors, on March 1,1892, and on divers other days and times between that day and May 21, 1892. Trial in the Superior Court, before Dunbar, J., who allowed a bill of exceptions, in substance as follows. Evidence was introduced by the government tending to prove that the defendant was the owner of two buildings adjoining each other and numbered 197 and 199 River Street, in Haverhill. The buildings were separated by an open passageway…
1Opinion of the CourtHolmes, J.
The defendant owned the building in which the liquors were found, and so far as appears had the right to use the cellar. At all events, he did use it in connection with the neighboring house occupied by him, which is alleged to have been a nuisance, and there is evidence that he carried beer from the former to the latter. Evidence of the discovery of beer and whiskey seemingly belonging to the defendant in the former house was admissible. Commonwealth v. McCluskey, 123 Mass. 401. Commonwealth v. McCullow, 140 Mass. 370. Commonwealth v. Vahey, 151 Mass. 57. Commonwealth v. Murphy, 153 Mass.…
2Cases cited4 opinions
- Commonwealth v. McCluskeyMassachusetts Supreme Judicial Court · 1877
- Commonwealth v. MurphyMassachusetts Supreme Judicial Court · 1891
- Commonwealth v. McCullowMassachusetts Supreme Judicial Court · 1886
- Commonwealth v. VaheyMassachusetts Supreme Judicial Court · 1890
3Cited by1 opinion
- Commonwealth v. KozlowskyMassachusetts Supreme Judicial Court · 1923