Legal Opinion

Commonwealth v. Doherty

Massachusetts Supreme Judicial Court

Decided September 22, 1874PublishedCited by 5 opinions

Complaint on the St. of 1869, c. 415, § 39, to the Police Court of Holyoke, averring that Patrick Doherty on July 20, 1873, “ at said Holyoke, unlawfully did convey certain intoxicating liquors in a certain vehicle, to wit, a certain wagon, he, the said Doherty, having received said liquors from some person or persons to said complainant unknown, for the purpose of conveying the same unlawfully in said Commonwealth, said liquors being deposited and being conveyed in said…

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Complaint on the St. of 1869, c. 415, § 39, to the Police Court of Holyoke, averring that Patrick Doherty on July 20, 1873, “ at said Holyoke, unlawfully did convey certain intoxicating liquors in a certain vehicle, to wit, a certain wagon, he, the said Doherty, having received said liquors from some person or persons to said complainant unknown, for the purpose of conveying the same unlawfully in said Commonwealth, said liquors being deposited and being conveyed in said vehicle by said Doherty as aforesaid to a certain person other than the said Doherty whose name to said complainants is now…

1Opinion of the CourtGray, C. J.

The complaint alleges that the defendant at Holyoke in this county unlawfully did convey certain intoxicating liquors in a wagon to another person who intended to sell them in violation of the St. of 1869, c. 415, the defendant having reasonable cause to believe that they were so intended for illegal sale ; and thus makes plain to common understanding a charge of an unlawful conveying from place to place in violation of § 39 of the statute. The imperfection in the technical description of the offence, by omitting the words “ from place to place within the Commonwealth,” and the superfluous…

2Cases cited3 opinions

  1. Commonwealth v. EmmonsMassachusetts Supreme Judicial Court · 1867
  2. Green v. CommonwealthMassachusetts Supreme Judicial Court · 1873
  3. Commonwealth v. BlanchardMassachusetts Supreme Judicial Court · 1870

3Cited by5 opinions

  1. Wood v. StateCourt of Criminal Appeals of Oklahoma · 1910
  2. Commonwealth v. ReidMassachusetts Supreme Judicial Court · 1900
  3. Commonwealth v. PetoMassachusetts Supreme Judicial Court · 1883
  4. Commonwealth v. GouldingMassachusetts Supreme Judicial Court · 1883
  5. Commonwealth v. HallahanMassachusetts Supreme Judicial Court · 1887

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