Commonwealth v. Chaney
Massachusetts Supreme Judicial Court
Complaint for keeping and maintaining a common nuisance, to wit, a tenement in Gloucester used for the illegal sale and illegal keeping for sale of intoxicating liquors, from January 1, 1887, to October 27, 1887. Trial in the Superior Court, on appeal, before Bacon, J., who allowed a bill of exceptions, in substance as follows.
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Complaint for keeping and maintaining a common nuisance, to wit, a tenement in Gloucester used for the illegal sale and illegal keeping for sale of intoxicating liquors, from January 1, 1887, to October 27, 1887. Trial in the Superior Court, on appeal, before Bacon, J., who allowed a bill of exceptions, in substance as follows. There was evidence that cider and native wines were found upon the premises belonging to the defendant, who was the maker thereof, that the tenement occupied by the defendant was a place of common resort, and that sales of cider were made on the premises during the…
1Opinion of the CourtField, J.
One issue of fact was, whether the defendant sold in his tenement, during the time alleged in the complaint, cider or native wine “ to be drunk on ” the “ premises.” Pub. Sts. c. 100, §§ 1, 27. Evidence that cider and wine were drunk on the premises, by various persons, during this time, was competent *8in connection with evidence that cider and wine were sold there during the same time,. although the occasions were different. The evidence taken together had some tendency to prove that the tenement was used both for selling and for drinking intoxicating liquor, and the whole evidence may have…
2Cited by2 opinions
- Commonwealth v. PelletierMassachusetts Supreme Judicial Court · 1928
- Francis v. RosaMassachusetts Supreme Judicial Court · 1890