Legal Opinion

Commonwealth v. Sullivan

Massachusetts Supreme Judicial Court

Decided September 26, 1877PublishedCited by 2 opinions

Indictment on the Gen. Sts. c. 87, §§ 6, 7, for keeping and maintaining on May 1,1876, and on divers other days between that day and December 21,1876, a certain tenement in Northampton for the illegal sale and illegal keeping of intoxicating liquors.

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Indictment on the Gen. Sts. c. 87, §§ 6, 7, for keeping and maintaining on May 1,1876, and on divers other days between that day and December 21,1876, a certain tenement in Northampton for the illegal sale and illegal keeping of intoxicating liquors. Trial in the Superior Court on June 20, 1877, before Bacon, J., who allowed a bill of exceptions in substance as follows: One of the witnesses for the government testified that he had bought liquor at the defendant’s house, could not say when he bought it, but thought he bought it within a year; and that there was a hearing before the magistrate.…

1Opinion of the Court

By the Court.

The evidence was rightly admitted for the purpose of fixing the time of the sale, because it tended to show that the sale was made before the defendant was bound over by the magistrate, and consequently before the indictment was found. Exceptions overruled.

2Cited by2 opinions

  1. Whitney v. HoughtonMassachusetts Supreme Judicial Court · 1878
  2. Roane Lumber Co. v. LovettWest Virginia Supreme Court · 1913

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