Legal Opinion

Commonwealth v. Walsh

Massachusetts Supreme Judicial Court

Decided December 31, 1895PublishedCited by 5 opinions

Complaint, for keeping and maintaining at Fall River a common nuisance, to wit, a tenement used for the illegal sale and illegal keeping of intoxicating liquors between July 1, 1894, and November 6, 1894. Trial in the Superior Court, before Sheldon, J., who allowed a bill of exceptions, in substance as follows.

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Complaint, for keeping and maintaining at Fall River a common nuisance, to wit, a tenement used for the illegal sale and illegal keeping of intoxicating liquors between July 1, 1894, and November 6, 1894. Trial in the Superior Court, before Sheldon, J., who allowed a bill of exceptions, in substance as follows. There was evidence that on November 4, 1894, three police officers went to a certain house in Fall River, and entered the lower story of the house and found in a closet off a kitchen sixteen bottles of lager beer, nine empty beer bottles, and a half-pint of wine; that in a room off the…

1Opinion of the CourtKnowlton, J.

The only exception argued in this case is to an instruction of the presiding justice to the jury as follows: “ If” the defendant’s wife “ kept in the house of her husband or in the premises which were occupied and controlled by her husband, and if the store was in her husband’s house it would still be under his control, . . . intoxicating liquors for sale in violation of law, then he will be liable therefor under this complaint if he has knowledge of the fact and of her intent, unless he uses reasonable means to prevent her from carrying out such intent, and there is no evidence that this…

2Cases cited5 opinions

  1. Commonwealth v. WoodMassachusetts Supreme Judicial Court · 1867
  2. Commonwealth v. BarryMassachusetts Supreme Judicial Court · 1874
  3. Commonwealth v. HillMassachusetts Supreme Judicial Court · 1887
  4. Commonwealth v. CarrollMassachusetts Supreme Judicial Court · 1878
  5. Commonwealth v. KennedyMassachusetts Supreme Judicial Court · 1875

3Cited by5 opinions

  1. People v. SybislooMichigan Supreme Court · 1921
  2. State v. . HardySupreme Court of North Carolina · 1935
  3. Bradford v. City of WorcesterMassachusetts Supreme Judicial Court · 1904
  4. Commonwealth v. HelfmanMassachusetts Supreme Judicial Court · 1927
  5. Commonwealth v. ReidMassachusetts Appeals Court · 2008

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