Commonwealth v. Reed
Massachusetts Supreme Judicial Court
Complaint, for the keeping of a tenement for the illegal sale and keeping of intoxicating liquors between May 1, 1892, and January 1, 1893, at Gardner.
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Complaint, for the keeping of a tenement for the illegal sale and keeping of intoxicating liquors between May 1, 1892, and January 1, 1893, at Gardner. At the trial in the Superior Court, before Maynard, J., it appeared by the record of the First District Court of Northern Worcester, that upon complaint made to that court on December 31, 1892, certain liquors therein named were, on June 18, 1892, and up to the date of the complaint, kept by the defendant and one Spencer upon the premises alleged in the complaint to be illegally kept by the defendant, and a warrant issued ; that under it one…
1Opinion of the CourtAllen, J.
The judgment in the seizure case determined conclusively against the Commonwealth that the liquors were not kept or deposited by the defendant and intended for sale by him contrary to law, and that Kendall was the owner thereof. But there was no determination and no trial of the question whether Kendall kept them with an intent to sell them in violation of law. Kendall was not named in the complaint; no charge was made against him. He appeared, as authorized by statute, to defend his title to his property. The person believed to be the owner, possessor, or keeper of the liquors, intending to…
2Cases cited5 opinions
- Burlen v. ShannonMassachusetts Supreme Judicial Court · 1868
- Commonwealth v. EllisMassachusetts Supreme Judicial Court · 1893
- Sly v. HuntMassachusetts Supreme Judicial Court · 1893
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1877
- Commonwealth v. LynchMassachusetts Supreme Judicial Court · 1894
3Cited by4 opinions
- McDonald v. DundonMassachusetts Supreme Judicial Court · 1922
- Commonwealth v. BaldiMassachusetts Supreme Judicial Court · 1925
- Toole v. Morris-Webb Motor Co.Louisiana Court of Appeal · 1938
- Commonwealth v. HayesMassachusetts Supreme Judicial Court · 1896