Commonwealth v. Grady
Massachusetts Supreme Judicial Court
Complaint under the St. of 1869, c. 415, § 36, to the police court of Lynn, on March 25, 1871, that the defendant; on March 21, 1871, at that city “ unlawfully did keep intoxicating liquoi with intent unlawfully to sell the same in this Commonwealth,” he “ not being authorized to sell the same in this Commonwealth for any purpose under the provisions of ” the St. of 1869, c. 415, “ or by any legal authority whatever.”
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Complaint under the St. of 1869, c. 415, § 36, to the police court of Lynn, on March 25, 1871, that the defendant; on March 21, 1871, at that city “ unlawfully did keep intoxicating liquoi with intent unlawfully to sell the same in this Commonwealth,” he “ not being authorized to sell the same in this Commonwealth for any purpose under the provisions of ” the St. of 1869, c. 415, “ or by any legal authority whatever.” In the superior court, on appeal, before the jury were empanelled, the defendant filed a motion to quash the complaint upon the following grounds : • “ 1. That it does not set…
1Opinion of the CourtGray, J.
This case presents no question of the evidence necessary to support a conviction, but merely of the sufficiency of the charge. The complaint alleges that the defendant at a certain time and place unlawfully kept intoxicating liquors with intent unlawfully to sell the same in this Commonwealth, he not being authorized to sell the same for any purpose under the provisions of the St. of 1869, e. 415, “or by any legal authority whatever.” It is in the form prescribed by statute, and clearly and sufficiently charges an unlawful keeping by the defendant, and that he intended to sell liquors of a…
2Cases cited1 opinion
- Commonwealth v. LynnMassachusetts Supreme Judicial Court · 1871
3Cited by2 opinions
- Hopt v. PeopleSupreme Court of the United States · 1882
- Commonwealth v. DunnMassachusetts Supreme Judicial Court · 1873