Commonwealth v. Sullivan
Massachusetts Supreme Judicial Court
Indictment for keeping and maintaining a tenement used for the illegal sale and keeping of intoxicating liquors between April 1 and the first Monday of September, 1891. At the trial in the Superior Court, before Sherman, J., it appeared that one Bailey, a police officer, went with other officers to a hotel in Weymouth, called the “ Allen House,” with a warrant to search for intoxicating liquors, on July 8, 1891j that in the bar-room they found some empty lager beer bottles,…
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Indictment for keeping and maintaining a tenement used for the illegal sale and keeping of intoxicating liquors between April 1 and the first Monday of September, 1891. At the trial in the Superior Court, before Sherman, J., it appeared that one Bailey, a police officer, went with other officers to a hotel in Weymouth, called the “ Allen House,” with a warrant to search for intoxicating liquors, on July 8, 1891j that in the bar-room they found some empty lager beer bottles, glasses, and other utensils; that as they approached the house one O’Brien ran from the yard into the hotel; that they…
1Opinion of the CourtAllen, J.
1. O’Brien’s acts upon the defendant’s premises were competent, as furnishing some reason to infer that he was acting in the defendant’s interests, under his employment; especially when taken in connection with the subsequent evidence that he was with the defendant when the latter applied for a license to keep the premises in question as a hotel. Commonwealth v. Locke, 145 Mass. 401.
2. Bailey’s testimony that empty lager beer bottles were found on August 19th, which were not there on July 8th, had *231some tendency to show a replenishing of the stock after the former seizure, and to support the…
2Cases cited5 opinions
- Commonwealth v. RobinsonMassachusetts Supreme Judicial Court · 1888
- Smith v. BrownMassachusetts Supreme Judicial Court · 1890
- Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1878
- Commonwealth v. LockeMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. AndrewsMassachusetts Supreme Judicial Court · 1886
3Cited by2 opinions
- In Re SouzaCalifornia Court of Appeal · 1923
- Fidelity & Deposit Co. of Maryland v. FreitasMassachusetts District Court, Appellate Division · 1942