Legal Opinion

Commonwealth v. Salmon

Massachusetts Supreme Judicial Court

Decided January 9, 1884PublishedCited by 2 opinions

Complaint to the Fourth District Court of Eastern Middle-sex, for exposing and keeping for sale intoxicating liquors, on January 23, 1883, at Woburn, with intent unlawfully to sell the same in this Commonwealth.

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Complaint to the Fourth District Court of Eastern Middle-sex, for exposing and keeping for sale intoxicating liquors, on January 23, 1883, at Woburn, with intent unlawfully to sell the same in this Commonwealth. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows: It appeared that the defendant had a license as a common victualler; and that, upon application to the selectmen of Woburn, they, on May 4, 1882, granted him a license of the first class, to sell intoxicating liquors to be drunk on the premises. There was evidence tending to…

1Opinion of the CourtColburn, J.

The license held by the defendant was upon the condition that he should not keep a public bar, Pub. Sts. c. 100, § 9, cl. 5; and, by the provisions of § 12 of the same chapter, as amended by the St. of 1882, c. 259, § 1, if he maintained a partition which interfered with a view of the interior of the licensed premises, this of itself made the license void. If the evidence disclosed the fact that, in exposing and keeping intoxicating liquors for sale, the defendant kept a public bar, or maintained such a partition, his license would be no justification of such exposing and keeping for sale;…

2Cases cited1 opinion

  1. Jones v. SmithMassachusetts Supreme Judicial Court · 1876

3Cited by2 opinions

  1. Commonwealth v. SegeeMassachusetts Supreme Judicial Court · 1914
  2. Commonwealth v. ChadwickMassachusetts Supreme Judicial Court · 1886

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