Commonwealth v. Lee
Massachusetts Supreme Judicial Court
Complaint for keeping and maintaining a “ common nuisance, to wit, a building, to wit, a tenement in building No. 136, on Essex Street,” in Lawrence, used for the illegal keeping and illegal sale of intoxicating liquors.
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Complaint for keeping and maintaining a “ common nuisance, to wit, a building, to wit, a tenement in building No. 136, on Essex Street,” in Lawrence, used for the illegal keeping and illegal sale of intoxicating liquors. In the Superior Court, before the jury was impanelled, the defendant moved to quash the complaint, on the ground that “there is not a sufficient description of the place alleged to have been a nuisance, and because the description in such complaint is double, contradictory, and inconsistent.” Sherman, J., overruled the motion. At the trial, there was evidence tending to prove…
1Opinion of the CourtField, J.
A building wholly occupied by the defendant, and used by him in whole or in part for the illegal keeping or sale of intoxicating liquor, may be described in a complaint under the Pub. Sts. c. 101, §§ 6, 7, as a building, or as a building and tenement, or as a tenement, kept and maintained for these illegal purposes; but a tenement is not necessarily an entire building; it may be a part of a building; and proof that the defendant occupied a part of the building and used it for these illegal purposes, while other persons occupied other parts of the same building, will not support a charge of…
2Cases cited2 opinions
- Commonwealth v. BossidyMassachusetts Supreme Judicial Court · 1873
- Commonwealth v. HerseyMassachusetts Supreme Judicial Court · 1887
3Cited by2 opinions
- Commonwealth v. QuinlanMassachusetts Supreme Judicial Court · 1891
- Inhabitants of Easthampton v. HillMassachusetts Supreme Judicial Court · 1894