Commonwealth v. Gould
Massachusetts Supreme Judicial Court
Indictment charging the defendant in the first count with unlawfully exposing and keeping for sale intoxicating liquors from May 1, 1891, to the first Monday of November, 1891, and in the sixth and seventh counts with unlawfully selling intoxicating liquors to one Henry Bishop, a minor. Trial in the Superior Court before Bond, J., who allowed a bill of exceptions, in substance as follows.
Read the full summary
Indictment charging the defendant in the first count with unlawfully exposing and keeping for sale intoxicating liquors from May 1, 1891, to the first Monday of November, 1891, and in the sixth and seventh counts with unlawfully selling intoxicating liquors to one Henry Bishop, a minor. Trial in the Superior Court before Bond, J., who allowed a bill of exceptions, in substance as follows. The defendant was a retail druggist and apothecary, carrying on business in North Attleborough. A license of the sixth class had been granted to him on May 1, by the selectmen of the town, as provided in St.…
1Opinion of the CourtBarker, J.
1. Evidence that the person named in the indictment as Henry Bishop was commonly known by that name was competent upon the question of variance, which was one of fact for the jury. Commonwealth v. Gormley, 133 Mass. 580, and cases cited. Commonwealth v. Caponi, 155 Mass. 534.
2. As the sale of intoxicating liquors to a minor is illegal, whether made to him as a principal or as an agent, evidence that the purchase was for his mother who was sick, was immaterial, and was rightly excluded. Commonwealth v. O'Leary, 143 Mass. 95. O'Connell v. O’Leary, 145 Mass. 311, 313. Commonwealth v. Joslin,…
2Cases cited9 opinions
- Commonwealth v. HallettMassachusetts Supreme Judicial Court · 1869
- O'Connell v. O'LearyMassachusetts Supreme Judicial Court · 1887
- Commonwealth v. SaveryMassachusetts Supreme Judicial Court · 1887
- Commonwealth v. BarnesMassachusetts Supreme Judicial Court · 1885
- Commonwealth v. CaponiMassachusetts Supreme Judicial Court · 1892
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Commonwealth v. ReillyMassachusetts Supreme Judicial Court · 1924
- Feeley v. United StatesCourt of Appeals for the Eighth Circuit · 1916
- Bennett v. StateSupreme Court of Arkansas · 1907
- Commonwealth v. AzerMassachusetts Supreme Judicial Court · 1941
- Commonwealth v. WilliamsMassachusetts Supreme Judicial Court · 1894
9 more not listed; retrieve them via the Exa API.