Commonwealth v. Hayes
Massachusetts Supreme Judicial Court
Complaint, for the illegal keeping and illegal sale of intoxicating liquors, between January 1 and September 26, 1895, at Brockton.
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Complaint, for the illegal keeping and illegal sale of intoxicating liquors, between January 1 and September 26, 1895, at Brockton. At the trial in the Superior Court, before Mason, C. J., there was evidence tending to show that the premises consisted of a house with a large barn attached thereto, the barn facing the street, and standing from sixty to seventy feet distant from it; that between the dates named men were seen to go into the yard and to the barn sober, and come away intoxicated; that the defendant was often in the driveway between the street and the barn, talking to the people as…
1Opinion of the CourtMorton, J.
The complaint alleged, in substance, that the defendant kept and maintained a common nuisance by keeping and maintaining a tenement which was used by him for the *178illegal keeping and sale of intoxicating liquors. The instruction requested would, if given, have required the jury to acquit the defendant, unless they found that he had an interest in or was an owner of the liquor sold by Campbell. But the assent of the defendant to the use of his premises by Campbell for illegal sales would, if proved, have justified a verdict against him for keeping and maintaining a common nuisance. The jury…
2Cases cited3 opinions
- Commonwealth v. ChurchillMassachusetts Supreme Judicial Court · 1883
- Commonwealth v. ReedMassachusetts Supreme Judicial Court · 1894
- Commonwealth v. LynchMassachusetts Supreme Judicial Court · 1894
3Cited by7 opinions
- McDonald v. DundonMassachusetts Supreme Judicial Court · 1922
- State v. . JonesSupreme Court of North Carolina · 1918
- Toole v. Morris-Webb Motor Co.Louisiana Court of Appeal · 1938
- State v. . DentonSupreme Court of North Carolina · 1911
- Phillips v. StateCourt of Appeals of Georgia · 1911
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