Legal Opinion

Commonwealth v. Perry

Massachusetts Supreme Judicial Court

Decided January 1, 1889PublishedCited by 4 opinions

Three complaints for keeping and maintaining common nuisances, to wit, certain tenements used for the illegal sale and keeping for sale of intoxicating liquors.

Read the full summary

Three complaints for keeping and maintaining common nuisances, to wit, certain tenements used for the illegal sale and keeping for sale of intoxicating liquors. At the trial of each case in the Superior Court, on appeal, before Thompson, J., one Dickerson, a constable called as a witness by the government, testified that within the time covered by the complaint he went to the store of the defendant, who carried on the business of a druggist in Natick, and in the defendant’s absence purchased of a clerk in his employment half a pint of pure alcohol, and that he had the same put into a bottle…

1Opinion of the CourtKnowlton, J.

In each of these three cases the only question is whether there was sufficient evidence to warrant a verdict of guilty.

The testimony of the witness Dickerson was substantially the same in each. It tended to show a sale of pure alcohol made by a clerk of the defendant in the regular course of the defendant’s business. That was sufficient to warrant a finding that the sale was authorized by the defendant. Commonwealth v. Holmes, 119 Mass. 195. Commonwealth v. Briant, 142 Mass. 463. Commonwealth v. Locke, 145 Mass. 401. Under the St. of 1887, c. 431, § 2, a sale of alcohol by a druggist can…

2Cases cited6 opinions

  1. Commonwealth v. HolmesMassachusetts Supreme Judicial Court · 1875
  2. Commonwealth v. BriantMassachusetts Supreme Judicial Court · 1886
  3. Commonwealth v. CarpenterMassachusetts Supreme Judicial Court · 1868
  4. Commonwealth v. LockeMassachusetts Supreme Judicial Court · 1888
  5. Commonwealth v. KennedyMassachusetts Supreme Judicial Court · 1871

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Commonwealth v. StevensMassachusetts Supreme Judicial Court · 1892
  2. Ryan v. StateIndiana Supreme Court · 1910
  3. Allen v. FullerMassachusetts Supreme Judicial Court · 1902
  4. Blakeslee v. BrennanConnecticut Superior Court · 1940

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API