Commonwealth v. Berry
Massachusetts Supreme Judicial Court
Complaint on the St. of 1869, e. 415, §§ 31, 36, to a justice of the peace in Middlesex, for keeping intoxicating liquor on January 12,1872, at Natick, with intent to sell.
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Complaint on the St. of 1869, e. 415, §§ 31, 36, to a justice of the peace in Middlesex, for keeping intoxicating liquor on January 12,1872, at Natick, with intent to sell. At the trial in the superior court on appeal, before Dewey, J., state constables, called by the district attorney as witnesses, testified that the defendant kept an oyster saloon in Natick on January 12,1872, and for two years before; that on that day the witnesses went into the front room of the saloon, in which was a bar, and made a thorough search there for intoxicating liquor, and found nothing but mineral waters and…
1Opinion of the CourtGray, J.
The evidence as to the quantity of intoxicating liquors and other articles found on January 12 in the kitchen connected with the oyster saloon and bar kept by the defendant, as to the finding of such liquors a week afterwards concealed in the same room, and as to persons being seen in the interval coming out of the saloon in a state of intoxication, was competent and sufficient evidence to warrant a jury to return a verdict .that the defendant on January 12 kept intoxicating liquors with an intent to sell them contrary to law, and was submitted to the jury with suitable instructions.…
2Cases cited3 opinions
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1870
- Commonwealth v. CarneyMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. KennedyMassachusetts Supreme Judicial Court · 1867
3Cited by4 opinions
- Commonwealth v. FinnertyMassachusetts Supreme Judicial Court · 1889
- Commonwealth v. KeenanMassachusetts Supreme Judicial Court · 1889
- Commonwealth v. CampbellMassachusetts Supreme Judicial Court · 1874
- Commonwealth v. TateMassachusetts Supreme Judicial Court · 1901