Commonwealth v. Rourke
Massachusetts Supreme Judicial Court
Complaint on the Pub. Sts. c. 100, § 12, as amended by the St. of 1882, c. 259, § 1, alleging that the defendant, on July 19, 1885, at Lowell, was licensed to sell spirituous and intoxicating liquors in certain premises; that said premises were then and there used by the defendant for the sale of such liquors, under the provisions of the license; and that the defendant unlawfully placed and maintained upon said premises certain obstructions, to wit, certain blinds and…
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Complaint on the Pub. Sts. c. 100, § 12, as amended by the St. of 1882, c. 259, § 1, alleging that the defendant, on July 19, 1885, at Lowell, was licensed to sell spirituous and intoxicating liquors in certain premises; that said premises were then and there used by the defendant for the sale of such liquors, under the provisions of the license; and that the defendant unlawfully placed and maintained upon said premises certain obstructions, to wit, certain blinds and curtains, which interfered with a view of the business conducted upon the premises. At the trial in the Superior Court, before…
1Opinion of the CourtMorton, C. J.
1. As the defendant applied for, accepted, and acted under, a license in which he was described as a common *322victualler, he cannot set up, in defence of the violation of a condition of his license, that he was not a duly licensed common victualler, and no further evidence of that fact was necessary.
2. The defendant requested the court to instruct the jury, that “ the government must show that the board granting the license to the defendant required him to remove any screens, blinds, shutters, curtains, partitions, painted, stained, or ground-glass windows, or any other obstruction which might…
2Cited by3 opinions
- Commonwealth v. BrothersMassachusetts Supreme Judicial Court · 1893
- Commonwealth v. MooreMassachusetts Supreme Judicial Court · 1887
- Commonwealth v. SpenceSupreme Court of Pennsylvania · 1911