Commonwealth v. Merriam
Massachusetts Supreme Judicial Court
Complaint for keeping and maintaining a common nuisance, to wit, a tenement in Woburn, used for the illegal sale and keeping for sale of intoxicating liquors, from May 1,1887, to November 12, 1887. Trial in the Superior Court, on appeal, before Thompson, J., who allowed a bill of exceptions, in substance as follows.
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Complaint for keeping and maintaining a common nuisance, to wit, a tenement in Woburn, used for the illegal sale and keeping for sale of intoxicating liquors, from May 1,1887, to November 12, 1887. Trial in the Superior Court, on appeal, before Thompson, J., who allowed a bill of exceptions, in substance as follows. The government introduced evidence tending to prove that during the time alleged intoxicating liquor was sold on the premises to several parties; that sales were made by the defendant; that the building was, at the time alleged, occupied for the bottling of ginger ale, soda water,…
1Opinion of the Court
By the Court.
The evidence clearly shows that the tenement named in the complaint was used for the illegal sale of *427intoxicating liquors. There was evidence that sales were made by the defendant, that he was about the premises when sales were made by other persons, that he had the keys of the doors of the different rooms, that the bills of the business, though made out in the name of the “ American Bottling Company,” were mostly paid by him, and that, after this complaint was made, he said to the complainant that, if it “ could be settled or discontinued, he would stop selling hard stuff.”…
2Cases cited3 opinions
- Commonwealth v. ChurchillMassachusetts Supreme Judicial Court · 1883
- Commonwealth v. GalliganMassachusetts Supreme Judicial Court · 1887
- Commonwealth v. MurphyMassachusetts Supreme Judicial Court · 1887
3Cited by3 opinions
- Commonwealth v. BurnsMassachusetts Supreme Judicial Court · 1897
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1895
- Commonwealth v. ReidMassachusetts Appeals Court · 2008