Commonwealth v. O'Brien
Massachusetts Supreme Judicial Court
Complaint to the Municipal Court of Boston, alleging that the defendant, on August 2, 1882, at Boston, “ unlawfully did sell intoxicating liquors to a minor, to wit, to a girl, whose name is unknown to said complainant; the said girl being then and there under twenty-one years of age, and the said O’Brien not having then and there any license, authority, or appointment, according to law, to make such sale to said minor.”
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Complaint to the Municipal Court of Boston, alleging that the defendant, on August 2, 1882, at Boston, “ unlawfully did sell intoxicating liquors to a minor, to wit, to a girl, whose name is unknown to said complainant; the said girl being then and there under twenty-one years of age, and the said O’Brien not having then and there any license, authority, or appointment, according to law, to make such sale to said minor.” In the Superior Court, the defendant moved to dismiss the complaint, for the following reasons : “ 1. It does not appear in or by the complaint that the defendant was…
1Opinion of the CourtDevens, J.
By the Pub. Sts. c. 100, § 1, every person is forbidden to sell intoxicating liquor except as he may be entitled so to do by virtue of that chapter, other sections of which provide for the granting of licenses by the authorities there named, upon the terms and conditions therein stated. No license can be granted which will permit a sale to a minor, and whether the defendant was or was not a licensee, such a sale by him would be a violation of the statute.
The Pub. Sts. c. 100, § 25, reenacting the St. of 1875, c. 99, § 15, provide for the recovery of a penalty for the sale of intoxicating *200liquo…
2Cases cited2 opinions
- Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
- McNeil v. CollinsonMassachusetts Supreme Judicial Court · 1880
3Cited by24 opinions
- Commonwealth v. KennedyMassachusetts Supreme Judicial Court · 1897
- West's CaseMassachusetts Supreme Judicial Court · 1943
- People v. HelmCalifornia Supreme Court · 1907
- Partelow v. Newton & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Commonwealth v. ThompsonMassachusetts Supreme Judicial Court · 1893
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