Commonwealth v. Greenwood
Massachusetts Supreme Judicial Court
Complaint, received and sworn to in the District Court of Northern Norfolk on February 22,1908, charging the defendant with maintaining a nuisance in using a tenement in Norwood for the illegal sale and illegal keeping for sale of intoxicating liquors. On appeal to the Superior Court, the case was tried before . Lawton, J. The defendant manufactured cider in a cider mill back of his house from apples which he purchased. The alleged illegal sales were made in the cider mill.
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Complaint, received and sworn to in the District Court of Northern Norfolk on February 22,1908, charging the defendant with maintaining a nuisance in using a tenement in Norwood for the illegal sale and illegal keeping for sale of intoxicating liquors. On appeal to the Superior Court, the case was tried before . Lawton, J. The defendant manufactured cider in a cider mill back of his house from apples which he purchased. The alleged illegal sales were made in the cider mill. Other facts are stated in the opinion. The jury found the defendant guilty ; and the defendant alleged exceptions.
1Opinion of the CourtSheldon, J.
It is provided by statute that the prohibition to sell intoxicating liquors shall not apply to “ sales of cider at wholesale by the original makers thereof.” R. L. c. 100, § 1. St. 1903, c. 460, § 1. Whether the sales made by the defendant were unlawful, and so brought his tenement within the terms of R. L. c. 101, § 6, might be found to depend upon whether those sales were made at wholesale or at retail.
There was evidence which would have warranted a finding that the defendant had made, as at least a part of his regular business, sales of cider of more than the prohibited strength, in small…
2Cases cited13 opinions
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- Harrison v. StateTennessee Supreme Court · 1896
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