Commonwealth v. Hogan
Massachusetts Supreme Judicial Court
Indictment, under Gen. Sts. c. 87, for keeping a liquor nuisance. The defendant was the same as in the previous case of Commonwealth v. Hoga/n. At the trial in the superior court the testimony was the same as in that case, except that it appeared in evidence that in the room of the defendant’s house where the parties played cards there was a bed and a table but no bar.
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Indictment, under Gen. Sts. c. 87, for keeping a liquor nuisance. The defendant was the same as in the previous case of Commonwealth v. Hoga/n. At the trial in the superior court the testimony was the same as in that case, except that it appeared in evidence that in the room of the defendant’s house where the parties played cards there was a bed and a table but no bar. The defendant requested the judge to rule that if the evidence on the indictment for being a common seller was in all respects the same as to time, place and circumstances, the defendant could not be convicted and sentenced on…
1Opinion of the CourtHoar, J.
The offence of maintaining a common nuisance by keeping a tenement used for the illegal sale of intoxicating liquor, is a wholly distinct offence from that of the sale of such liquors ; and the conviction of one is no bar to a conviction of the other, although evidence of the same sales of liquor may be relied on to prove each.
The seller of the liquor is punishable. The keeper of the tenement used for the illegal sale is punishable. If the seller and the keeper is the same person, then that person commits both offences and incurs both penalties. Commonwealth v. Bub*123ser, 14 Gray, 83.…
2Cited by9 opinions
- Morey v. CommonwealthMassachusetts Supreme Judicial Court · 1871
- Parshall v. StateCourt of Criminal Appeals of Texas · 1911
- People v. FadenNew York Court of Appeals · 1936
- Robinson v. StateCourt of Criminal Appeals of Texas · 1912
- Commonwealth v. McCauleyMassachusetts Supreme Judicial Court · 1870
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