Commonwealth v. Sullivan
Massachusetts Supreme Judicial Court
Complaint, dated March 25, 1889, to the Fourth District Court of Plymouth, for an unlawful sale at Wareham, on February 14, 1889, of intoxicating liquor, to Marcenia F. Caldwell and another.
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Complaint, dated March 25, 1889, to the Fourth District Court of Plymouth, for an unlawful sale at Wareham, on February 14, 1889, of intoxicating liquor, to Marcenia F. Caldwell and another. At the trial in the Superior Court, on appeal, at the June sitting of 1889, before Hammond, J., the defendant filed a plea of autrefois acquit, setting forth the record of the acquittal of the defendant by the same district court upon a complaint for keeping a common nuisance, to wit, a tenement used for the illegal keeping and illegal sale of intoxicating liquor from January 1, 1889, to February 28,…
1Opinion of the CourtHolmes, J.
The Pub. Sts. c. 100, § 18, were amended by the St. of 1889, c. 114, so as to make the punishment more severe. By the St. of 1889, c. 268, which was enacted and went into operation on April 18, the same day that chapter 114 went into operation, it was provided that the amendment should not apply to prior offences. It is unnecessary to consider whether, if, as we believe is the fact, chapter 268 was passed after the first minute of April 18, it would or would not preserve the defendant’s liability. For by the Pub. Sts. c. 3, § 3, cl. 2, “ The *317repeal of an act shall not affect any punishment,…
2Cases cited3 opinions
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3Cited by16 opinions
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- Murphy v. CommonwealthMassachusetts Supreme Judicial Court · 1899
- Sage v. StateIndiana Supreme Court · 1891
- Commonwealth v. WestMassachusetts Supreme Judicial Court · 1970
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