Commonwealth v. Davis
Massachusetts Supreme Judicial Court
Complaint, dated September 17, 1875, to the First District Court of Bristol, averring that Mark H. Davis, on the first day of August, 1875, “ unlawfully did sell to one George L. Totten intoxicating liquor, not having then and there any license, au thority or appointment according to law, to make such sale.”
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Complaint, dated September 17, 1875, to the First District Court of Bristol, averring that Mark H. Davis, on the first day of August, 1875, “ unlawfully did sell to one George L. Totten intoxicating liquor, not having then and there any license, au thority or appointment according to law, to make such sale.” At the trial in the Superior Court, before Wilkinson, J., on appeal, Totten testified that the defendant kept a hotel in Taunton, and that on one occasion he went in there with one or two other persons, and bought intoxicating liquor of the defendant, some time in July or August, before…
1Opinion of the CourtGray, C. J.
By the St. of 1875, e. 99, § 1, it is enacted that “ no person shall sell, or expose or keep for sale, spirituous or intoxicating liquors, except as authorized in this act.” By § 4 provision is made for the granting of licenses, which by § 6 must be expressed to- be subject to certain conditions, one of which is that no sale of such liquors shall- be made on the Lord’s day, “ except that if the licensee is also licensed as an innholder, he may supply such liquor to guests who have resorted to his house for food or lodging.”
It would seem to be unnecessary, in a complaint on § 1, to negative…
2Cases cited1 opinion
- Commonwealth v. FredericksMassachusetts Supreme Judicial Court · 1875
3Cited by7 opinions
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- Commonwealth v. BarnesMassachusetts Supreme Judicial Court · 1885
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- Commonwealth v. ByrnesMassachusetts Supreme Judicial Court · 1879
- Commonwealth v. HickeyMassachusetts Supreme Judicial Court · 1879
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