Commonwealth v. Wallace
Massachusetts Supreme Judicial Court
Indictment in two counts. The first count charged the defendant with keeping and maintaining a common nuisance, to wife, a certain tenement at New Bedford, used for the illegal sale and illegal keeping of intoxicating liquors, on January 1, 1885, and on divers other days and times between that day and March 8, 1886. The second count charged the defendant with keeping and maintaining at New Bedford, between the same dates as in the first count, a certain common and disorderly…
Read the full summary
Indictment in two counts. The first count charged the defendant with keeping and maintaining a common nuisance, to wife, a certain tenement at New Bedford, used for the illegal sale and illegal keeping of intoxicating liquors, on January 1, 1885, and on divers other days and times between that day and March 8, 1886. The second count charged the defendant with keeping and maintaining at New Bedford, between the same dates as in the first count, a certain common and disorderly house. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows:…
1Opinion of the CourtField, J.
A comparison of the character of the defendant’s occupation of the premises while he held a license with that of the occupation of either another person or of himself at some other time, would involve an inquiry into a matter wholly foreign to the case.
The situation of the premises No. 107 South Water Street, and of the premises next south of these, may have been such in reference to each other that the use made of the latter by the defendant was properly some evidence that the former were kept by him for the illegal sale of intoxicating liquors.
The request for a ruling “ that evidence of…
2Cases cited1 opinion
- Commonwealth v. LeightonMassachusetts Supreme Judicial Court · 1885
3Cited by4 opinions
- Commonwealth v. JenskyMassachusetts Supreme Judicial Court · 1945
- Pike v. StateCourt of Criminal Appeals of Texas · 1899
- State v. WallaceSupreme Judicial Court of Maine · 1921
- Herman v. StateSupreme Court of Arkansas · 1916