Legal Opinion

Commonwealth v. Sprague

Massachusetts Supreme Judicial Court

Decided January 24, 1880PublishedCited by 3 opinions

Complaint on the St. of 1875, c. 99, to the First District Court of Bristol, alleging that the defendant, at Attleborough, on .September 24, 1878, “ did keep intoxicating liquors with intent to sell the same in this Commonwealth, he, the said Sprague, not being authorized, appointed or licensed according to law to sell the same in this Commonwealth for any purpose, nor by any legal authority whatever.”

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Complaint on the St. of 1875, c. 99, to the First District Court of Bristol, alleging that the defendant, at Attleborough, on .September 24, 1878, “ did keep intoxicating liquors with intent to sell the same in this Commonwealth, he, the said Sprague, not being authorized, appointed or licensed according to law to sell the same in this Commonwealth for any purpose, nor by any legal authority whatever.” In the Superior Court, the defendant filed a motion to quash the complaint, on the ground that it set forth no offence known to the law. Pitman, J. overruled the motion. The jury returned a…

1Opinion of the CourtMorton, J.

The St. of 1875, c. 99, § 1, provides that “no person shall sell, or expose, or keep for sale, spirituous or intoxicating liquors, except as authorized in this act.” The complaint in the case at bar alleges that the defendant, at the time and *76place named, “ did keep intoxicating liquors with intent to sell the same in this Commonwealth,” he not being authorized to sell the same. The allegation of the complaint is equivalent to an allegation in the words of the statute, that the defendant did at the time and place named “ keep for sale ” intoxicating liquors without authority. Each allegation…

2Cases cited1 opinion

  1. Commonwealth v. O'KeefeMassachusetts Supreme Judicial Court · 1877

3Cited by3 opinions

  1. In Re the Liquors of George W. Hoxsie & Co.Supreme Court of Rhode Island · 1886
  2. Commonwealth v. TayMassachusetts Supreme Judicial Court · 1888
  3. Commonwealth v. TaborMassachusetts Supreme Judicial Court · 1885

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