Legal Opinion

Commonwealth v. Andrews

Massachusetts Supreme Judicial Court

Decided November 4, 1886PublishedCited by 2 opinions

Complaint to the Police Court of Gloucester for keeping and maintaining a common nuisance, to wit, a tenement in Gloucester, used for the illegal keeping and illegal sale of intoxicating liquors, on February 13, 1886, and on divers other days and times between that day and March 26, 1886. Trial in the Superior Court, before Bacon, J., who allowed a bill of exceptions, in substance as follows: The government, for the purpose of proving that the defendant kept and maintained…

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Complaint to the Police Court of Gloucester for keeping and maintaining a common nuisance, to wit, a tenement in Gloucester, used for the illegal keeping and illegal sale of intoxicating liquors, on February 13, 1886, and on divers other days and times between that day and March 26, 1886. Trial in the Superior Court, before Bacon, J., who allowed a bill of exceptions, in substance as follows: The government, for the purpose of proving that the defendant kept and maintained said tenement as alleged, called the city clerk of Gloucester, who produced certain applications, dated January 8 and 14,…

1Opinion of the Court

By the Court.

The applications by the defendant for licenses, as a common victualler and to sell intoxicating liquors, at the premises described in the complaint, were competent. They tended to show that he kept and maintained the premises at the dates of the applications and at the time named in the complaint, if the jury were satisfied, from all the evidence, that there had been no change in the mean time.

The city clerk, who, it must be assumed on this bill of exceptions, was shown to be familiar with the handwriting of the defendant so as to be competent to testify on the subject, testified…

2Cited by2 opinions

  1. In Re SouzaCalifornia Court of Appeal · 1923
  2. Commonwealth v. SullivanMassachusetts Supreme Judicial Court · 1892

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