Commonwealth v. Pray
Massachusetts Supreme Judicial Court
The defendant was indicted as follows, on the statute of 1786, c. 68, § 1. “ The jurors &c. present, that Edward Pray, of Brain-tree, in the county of Norfolk, trader, on the thirtieth day of September, in the year of our Lord one thousand eight hundred and thirty, and on divers other days between that day and the twentieth day of December next following, at Braintree aforesaid, did presume to be and was a common seller of wine, beer, ale, cider, brandy, ram and other strong…
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The defendant was indicted as follows, on the statute of 1786, c. 68, § 1. “ The jurors &c. present, that Edward Pray, of Brain-tree, in the county of Norfolk, trader, on the thirtieth day of September, in the year of our Lord one thousand eight hundred and thirty, and on divers other days between that day and the twentieth day of December next following, at Braintree aforesaid, did presume to be and was a common seller of wine, beer, ale, cider, brandy, ram and other strong liquors by retail, in less quantities than twenty-eight gallons, and that delivered and carried away all at one lime,…
1Opinion of the Court
Morton J.
delivered the opinion of the Court. This case comes before us on general demurrer ; and the only subject for our consideration is the sufficiency of the indict mcnt. It is framed upon the first section of St. 1786, c 68. That, section contains two distinct prohibitions, en *361torced by different penalties. The first clause provides, that no person may, without being duly licensed, “ presume to be a common victualler, innholder, taverner, or seller of wine, beer, ale, cider, brandy, rum, or any strong liquors, by retail,” under a penalty of twenty pounds. The second clause provides, that…
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