Commonwealth v. Buckley
Massachusetts Supreme Judicial Court
Complaint for keeping and maintaining a common nuisance, to wit, a tenement át Brockton, used for the illegal keeping and illegal sale of intoxicating liquors, from May 1,1887, to December 9,1887. At the trial in tbe Superior Court, on appeal, evidence was introduced tending to show that the defendant kept a hotel, known as the American House, comprising the whole of the second story of a building situated at the corner of Church Street and Montello Street in Brockton; that…
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Complaint for keeping and maintaining a common nuisance, to wit, a tenement át Brockton, used for the illegal keeping and illegal sale of intoxicating liquors, from May 1,1887, to December 9,1887. At the trial in tbe Superior Court, on appeal, evidence was introduced tending to show that the defendant kept a hotel, known as the American House, comprising the whole of the second story of a building situated at the corner of Church Street and Montello Street in Brockton; that the first story, with the exception of entrances leading from the side and rear of the building to the second story, was…
1Opinion of the CourtKnowlton, J.
The only tenement for the keeping of which the jury were permitted in this case to hold the defendant liable, was the hotel called the American House. What rooms were included in that tenement was plainly a question of fact for the jury. There was evidence sufficient to warrant a finding that the room below was a part of it. The fact that this room was not used or occupied during a part of the time named in the *583complaint was only a circumstance bearing upon the question whether it belonged to the tenement.
The instructions were appropriate to any view of the evidence that the jury might take,…
2Cited by2 opinions
- State v. WallaceSupreme Judicial Court of Maine · 1921
- Commonwealth v. ClynesMassachusetts Supreme Judicial Court · 1889