Commonwealth v. McShane
Massachusetts Supreme Judicial Court
Indictment on the Gen. Sts. c. 87, §§ 6, 7, for keeping and maintaining a tenement in Salem used by the defendant for the illegal keeping and sale of intoxicating liquors.
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Indictment on the Gen. Sts. c. 87, §§ 6, 7, for keeping and maintaining a tenement in Salem used by the defendant for the illegal keeping and sale of intoxicating liquors. At the trial in the Superior Court, before Putnam, J., one Boynton testified that on November 15,1871, he found the defendant at a house in Salem, in a room fitted up as a bar-room, in which he found several kinds of liquor, in small quantities, some of it being concealed; that at the same place, on December 18,1871, he found about a gallon of rum and a small quantity of whiskey; and that the defendant was there at the…
1Opinion of the Court
By the Courtt.
Keeping a tenement for the illegal sale of intoxicating liquors, and thereby making the tenement a nuisance, is a different offence from keeping such liquors for sale contrary to law, and a conviction of the offence last mentioned may take place, and proof of the same keeping may furnish proof of the nuisance. There is no plea in this case of autrefois convict; and if there were, it could not avail. See the cases cited by the Attorney General. Hxceptions overruled.
2Cited by5 opinions
- Commonwealth v. BrelsfordMassachusetts Supreme Judicial Court · 1894
- Commonwealth v. McCabeMassachusetts Supreme Judicial Court · 1895
- Territory of Hawaii v. SchillingHawaii Supreme Court · 1906
- Commonwealth v. McCabeMassachusetts Supreme Judicial Court · 1895
- State v. FaulknerSupreme Court of Louisiana · 1887