Commonwealth v. Brownell
Massachusetts Supreme Judicial Court
Complaint for keeping and maintaining a common nuisance, to wit, a certain tenement in Cottage City, used for the illegal sale and illegal keeping of intoxicating liquors, on July 8, 1887, and on divers other days and times between that day and August 9, 1887. Trial in the Superior Court, before Hammond, J., who allowed a bill of exceptions, in substance as follows: It appeared that the Sea View House, the tenement alleged in the complaint, was a public hotel in Cottage…
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Complaint for keeping and maintaining a common nuisance, to wit, a certain tenement in Cottage City, used for the illegal sale and illegal keeping of intoxicating liquors, on July 8, 1887, and on divers other days and times between that day and August 9, 1887. Trial in the Superior Court, before Hammond, J., who allowed a bill of exceptions, in substance as follows: It appeared that the Sea View House, the tenement alleged in the complaint, was a public hotel in Cottage City. The usual passageway for guests led from the sidewalk in front of the building on to a piazza, and from there into a…
1Opinion of the CourtW. Allen, J.
It was proper for the counsel for the defendant to impress upon the jury their duty to acquit the defendant if his guilt was not proved by the evidence in the case, and to remind them that, whenever they should have a proper occasion to give a reason for acquitting the defendant, it would be sufficient to say that his guilt was not proved. The counsel had a right to present this thought in a logical or in a rhetorical form ; he was at liberty to dramatize it in imaginary dialogue, and to illustrate and enforce it by imaginary occasions. The counsel in his argument suggested an occasion on…
2Cited by13 opinions
- Commonwealth v. FitzgeraldMassachusetts Supreme Judicial Court · 1978
- Commonwealth v. DyerMassachusetts Supreme Judicial Court · 1922
- Commonwealth v. VanderpoolMassachusetts Supreme Judicial Court · 1975
- Commonwealth v. ClaryMassachusetts Supreme Judicial Court · 1983
- Commonwealth v. ClarkMassachusetts Supreme Judicial Court · 1935
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