Commonwealth v. Ahern
Massachusetts Supreme Judicial Court
Complaint, received and sworn to in the Fourth District Court of Eastern Middlesex on September 15, 1916, under R. L. c. 100, § 1, charging that the defendant at Woburn on September 13,1916, “unlawfully did expose and keep for sale intoxicating liquors, with intent unlawfully to sell the same in this Commonwealth, . .'. not having . . . any license, authority, or appointment, according to law, ... to expose, keep for sale, or sell said liquors.”
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Complaint, received and sworn to in the Fourth District Court of Eastern Middlesex on September 15, 1916, under R. L. c. 100, § 1, charging that the defendant at Woburn on September 13,1916, “unlawfully did expose and keep for sale intoxicating liquors, with intent unlawfully to sell the same in this Commonwealth, . .'. not having . . . any license, authority, or appointment, according to law, ... to expose, keep for sale, or sell said liquors.” In the Superior Court the defendant was tried before Stevens, J. The evidence for the Commonwealth is described in the opinion. The defendant offered…
1Opinion of the CourtBraley, J.
The offence of keeping intoxicating liquors for unlawful sale'may be established without evidence of either a sale or an attempt to sell. Commonwealth v. Tay, 146 Mass. 146. And, evidence having been introduced from which the jury could find •that the defendant wage earner had in his house a half barrel of sterling ale in which there was a faucet and an empty barrel which had contained ale and thirty-two packages, each of which contained sixteen half pint bottles of whiskey, and that no empty bottles were to be found about the premises, the judge rightly declined to order a verdict for the…
2Cases cited4 opinions
- Commonwealth v. DolanMassachusetts Supreme Judicial Court · 1876
- Commonwealth v. AtkinsMassachusetts Supreme Judicial Court · 1883
- Commonwealth v. TayMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. MartinMassachusetts Supreme Judicial Court · 1894
3Cited by5 opinions
- Commonwealth v. MartinMassachusetts Supreme Judicial Court · 1939
- Commonwealth v. MaraMassachusetts Supreme Judicial Court · 1926
- Commonwealth v. VallecaMassachusetts Supreme Judicial Court · 1970
- Lyles v. StateCourt of Appeals of Maryland · 1967
- Commonwealth v. DeFinnisMassachusetts Supreme Judicial Court · 1928