Commonwealth v. Rooney
Massachusetts Supreme Judicial Court
Complaint, on the Pub. Sts. c. 101, § 6, and dated March 29, 1886, to the Third District Court of Plymouth, alleging that the defendant, at Duxbury, on September 29,1885, “ and thence continually, until the day of the making of this complaint, did unlawfully keep and maintain a certain building there, during all said time, used for the illegal keeping and illegal sale of intoxicating liquors, to the common nuisance of all the people, against the peace of said Commonwealth,…
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Complaint, on the Pub. Sts. c. 101, § 6, and dated March 29, 1886, to the Third District Court of Plymouth, alleging that the defendant, at Duxbury, on September 29,1885, “ and thence continually, until the day of the making of this complaint, did unlawfully keep and maintain a certain building there, during all said time, used for the illegal keeping and illegal sale of intoxicating liquors, to the common nuisance of all the people, against the peace of said Commonwealth, and contrary to the form of the statute in such case made and provided.” Trial in the Superior Coúrt, on appeal, before…
1Opinion of the Court
By the Court.
There was evidence tending to prove that the house in which liquors were sold was kept and maintained by the defendant. Two witnesses testified that it was his house, and that he was then selling intoxicating liquor, apparently in control and possession of the house.
The court rightly submitted the case to the jury, under instructions that, if the defendant kept and maintained the whole building described in the complaint during any part of the time named therein, and used any part of it for the illegal keeping or illegal sale of intoxicating liquor, they could convict him of the…
2Cases cited2 opinions
- Commonwealth v. KerrisseyMassachusetts Supreme Judicial Court · 1886
- Commonwealth v. MitchellMassachusetts Supreme Judicial Court · 1874