Legal Opinion

Commonwealth v. Baker

Massachusetts Supreme Judicial Court

Decided October 24, 1890PublishedCited by 7 opinions

Indictment alleging that the defendant assisted in keeping and maintaining a certain tenement and place situated in Worcester, and there used by the Commercial Social Union, a club, for the purpose of illegal selling, distributing, ánd dispensing intoxicating liquors. At the trial in the Superior Court, before Dunbar, J., the jury returned a verdict of guilty; and the defendant alleged exceptions. The facts, so far as material to the point decided, appear in the opinion.

1Opinion of the CourtW. Allen, J.

There was evidence not disputed that the club used its rooms for the purpose of dispensing intoxicating liquor to its members; and that the defendant assisted in keeping and maintaining the rooms for that use. To dispense is defined by Webster, “To deal out in portions; to distribute ; to give; as, the steward dispenses provisions according to directions.”

The S't. of 1887, c. 206, § 1, amends the Pub. Sts. c. 100, § 45, so as to provide that “ All buildings. or .places used by clubs for the purpose of selling, distributing, or dispensing intoxicating liquors to their members or others shall…

2Cases cited2 opinions

  1. Commonwealth v. PomphretMassachusetts Supreme Judicial Court · 1884
  2. Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1869

3Cited by7 opinions

  1. Commissioner of Corporations & Taxation v. ClubMassachusetts Supreme Judicial Court · 1945
  2. Commonwealth v. FlecknerMassachusetts Supreme Judicial Court · 1896
  3. State ex inf. Harvey v. Missouri Athletic ClubSupreme Court of Missouri · 1914
  4. State v. PoggmeyerSupreme Court of Kansas · 1914
  5. Commonwealth v. WoelzMassachusetts Supreme Judicial Court · 1914

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