Commonwealth v. Kimball
Massachusetts Supreme Judicial Court
Indictment on the Gen. Sts. c. 87, for keeping and maintaining a tenement in Lynn as a liquor nuisance. At the trial in the superior court, before Lord, J., “ there was evidence tending to show that the tenement was used, during the time alleged, for the illegal sale and illegal keeping of intoxicating liquors, and that the defendant during such time, in said tenement, made several sales of such liquors ; but it was contended by the defendant that he did not keep and…
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Indictment on the Gen. Sts. c. 87, for keeping and maintaining a tenement in Lynn as a liquor nuisance. At the trial in the superior court, before Lord, J., “ there was evidence tending to show that the tenement was used, during the time alleged, for the illegal sale and illegal keeping of intoxicating liquors, and that the defendant during such time, in said tenement, made several sales of such liquors ; but it was contended by the defendant that he did not keep and maintain the tenement, but that he was there, and did all that he did there, as the clerk and servant of John B. Granger,' who…
1Opinion of the CourtWells, J.
In misdemeanors, all who participate in the of-fence, knowingly and intentionally, are principals; and may be convicted thereof, either separately or jointly.
Thus in Mann’s case, 4 Gray, 213, a clerk, who kept the owner’s books, took orders for coal, collected and paid bills, was convicted of maintaining a nuisance by means of the coal yard, from which large quantities of coal dust were emitted. It was held that he was rightly convicted, if he, “ with • a knowledge of what was done, aided, promoted, and encouraged the doing of the acts which constituted the nuisance.”
In Gannett’s case, 1…
2Cases cited2 opinions
- Commonwealth v. HeffronMassachusetts Supreme Judicial Court · 1869
- Commonwealth v. TryonMassachusetts Supreme Judicial Court · 1868
3Cited by13 opinions
- State v. PistonaWashington Supreme Court · 1923
- Commonwealth v. ChurchillMassachusetts Supreme Judicial Court · 1883
- City of Boston v. A. W. Perry, Inc.Massachusetts Supreme Judicial Court · 1939
- Commonwealth v. GalliganMassachusetts Supreme Judicial Court · 1887
- Commonwealth v. DowlingMassachusetts Supreme Judicial Court · 1873
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