Commonwealth v. Tabor
Massachusetts Supreme Judicial Court
Complaint to the Third District Court of Eastern Middle-sex, for keeping and maintaining a common nuisance, to wit, a certain tenement in Cambridge, used for the illegal sale and illegal keeping of intoxicating liquors, on January 1, 1884, and on divers other days and times between that day and May 8, 1884. Trial in the Superior Court, before Bacon, J., who allowed a bill of exceptions, in substance as follows: The government introduced evidence tending to show that the…
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Complaint to the Third District Court of Eastern Middle-sex, for keeping and maintaining a common nuisance, to wit, a certain tenement in Cambridge, used for the illegal sale and illegal keeping of intoxicating liquors, on January 1, 1884, and on divers other days and times between that day and May 8, 1884. Trial in the Superior Court, before Bacon, J., who allowed a bill of exceptions, in substance as follows: The government introduced evidence tending to show that the defendant, on April 26, 1884, in his saloon in Cambridge, where he had a license of the first class to sell intoxicating…
1Opinion of the CourtHolmes, J.
The defendant presents no argument in support of his first three requests. It is obvious that the first and third were wrong. Commonwealth v. Rafferty, 133 Mass. 574. Commonwealth v. Rogers, 135 Mass. 536.
The second ruling asked for is ambiguous, but, read in a literal sense, is not correct, and it was likely to mislead the jury. It was enough to prove one or two illegal sales, if the jury drew the inference that the defendant kept and used the building for the purpose of such sales, as it is assumed in the instructions given that they must do in order to convict. Commonwealth v. Greenen, 11…
2Cases cited3 opinions
- Commonwealth v. RaffertyMassachusetts Supreme Judicial Court · 1882
- Commonwealth v. RogersMassachusetts Supreme Judicial Court · 1883
- Commonwealth v. SpragueMassachusetts Supreme Judicial Court · 1880
3Cited by2 opinions
- Commonwealth v. McNeffMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. ReidMassachusetts Appeals Court · 2008