Commonwealth v. Gavin
Massachusetts Supreme Judicial Court
Two COMPLAINTS on the Pub. Sts. c. 101, §§ 6, 7, to a trial justice, against the defendant and another, for keeping a common nuisance, to wit, a tenement in Natick “ by them used for the illegal sale and illegal keeping for sale of intoxicating liquors,” from October 1, 1887, to January 6, 1888, and from January 7, 1888, to January 19, 1888. In the first case, at the trial in the Superior Court, before Thompson, J., there was some evidence of the delivery of intoxicating…
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Two COMPLAINTS on the Pub. Sts. c. 101, §§ 6, 7, to a trial justice, against the defendant and another, for keeping a common nuisance, to wit, a tenement in Natick “ by them used for the illegal sale and illegal keeping for sale of intoxicating liquors,” from October 1, 1887, to January 6, 1888, and from January 7, 1888, to January 19, 1888. In the first case, at the trial in the Superior Court, before Thompson, J., there was some evidence of the delivery of intoxicating liquors on the premises during the time alleged, and the receipt of money therefor, by said Thomas H. Gavin. At the close…
1Opinion of the CourtHolmes, J.
The exceptions do not raise the question whether Pub. Sts. c. 100, § 26, making the delivery of intoxicating liquors in certain cases prima facie evidence of a sale, apply to complaints under Pub. Sts. c. 101, §§ 6, 7. Commonwealth v. Taylor, 113 Mass. 4, There was evidence not only of a delivery by the defendant, but of a receipt of money by him for the liquor. The court did not rule that delivery alone was prima facie evidence of a sale. It simply declined to rule that delivery was not prima *451facie evidence. The defendant had no right to pick out a part of the evidence and to require the…
2Cases cited4 opinions
- Green v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1880
- Commonwealth v. EsteMassachusetts Supreme Judicial Court · 1885
- Commonwealth v. HuardMassachusetts Supreme Judicial Court · 1876
- Commonwealth v. TaylorMassachusetts Supreme Judicial Court · 1873
3Cited by10 opinions
- Commonwealth v. RiesMassachusetts Supreme Judicial Court · 1958
- Commonwealth v. CarterMassachusetts Supreme Judicial Court · 1940
- Shattuck v. EldredgeMassachusetts Supreme Judicial Court · 1899
- Lufkin v. LufkinMassachusetts Supreme Judicial Court · 1903
- Commonwealth v. SabeanMassachusetts Supreme Judicial Court · 1931
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