Commonwealth v. Ryan
Massachusetts Supreme Judicial Court
Complaint for unlawfully keeping for sale intoxicating liquors, with intent unlawfully to sell the same, on January 2, 1892, at Beverly.
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Complaint for unlawfully keeping for sale intoxicating liquors, with intent unlawfully to sell the same, on January 2, 1892, at Beverly. At the trial in the Superior Court, before Dunbar, J., it was proved or agreed that, on the day named in the complaint, police officers went to a building and store occupied and controlled by one John L. Story; that Story and the defendant were both present in the room in the building visited by the officers, which was a room kept by Story for the illegal sale and keeping of intoxicating liquors; that the defendant at the time had on his person a cardigan…
1Opinion of the CourtKnowlton, J.
It was conceded by the defendant that at the time alleged he had in his pocket, on his person, intoxicating liquor which he intended to sell in violation of law. He was “ keeping ” the liquor in his pocket. The case is strictly within the provisions of the statute under which he was indicted. It makes no difference that he intended to make the sales in the presence of his employer. It is well settled that it is no defence for one who commits a crime to show that he was acting as a servant, in the presence and under the direction of his master. Commonwealth v. Hadley, 11 Met. 66. Commonwealth…
2Cases cited5 opinions
- Commonwealth v. ChurchillMassachusetts Supreme Judicial Court · 1883
- Commonwealth v. BradyMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1891
- Commonwealth v. KernMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. MooreMassachusetts Supreme Judicial Court · 1892
3Cited by4 opinions
- Commonwealth v. ParrottaMassachusetts Supreme Judicial Court · 1944
- Commonwealth v. MatthewsMassachusetts Supreme Judicial Court · 1896
- Commonwealth v. BurnsMassachusetts Supreme Judicial Court · 1897
- Commonwealth v. WoelzMassachusetts Supreme Judicial Court · 1914