Commonwealth v. Herrick
Massachusetts Supreme Judicial Court
This was a complaint under the Rev. Sts. c. 47, § 2, alleging that the defendant, on the first of January, 1848, at Gloucester, he not being then and there first duly licensed, according to law, as an innholder or common victualler, did sell to a person named a certain quantity, to wit, one half gill of spiritous liquor, to be used in the defendant’s building actually occupied by him as a shop in Gloucester.
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This was a complaint under the Rev. Sts. c. 47, § 2, alleging that the defendant, on the first of January, 1848, at Gloucester, he not being then and there first duly licensed, according to law, as an innholder or common victualler, did sell to a person named a certain quantity, to wit, one half gill of spiritous liquor, to be used in the defendant’s building actually occupied by him as a shop in Gloucester. The justice of the peace, before whom the complaint was originally brought, gave judgment against the defendant, who thereupon appealed to the court of common pleas, and after verdict…
1Opinion of the CourtShaw, C. J.
This is a complaint against the defendant, charging the sale of spiritous liquors by retail, on the first of January, 1848. The prosecution was commenced by complaint before a justice of peace, afterwards brought to the court of common pleas by appeal, and upon conviction and motion in arrest of judgment, brought to this court by a report of the judge, under the Rev. Sts. c. 138, § 12.
The ground, on which the motion in arrest of judgment is founded, is, that the law, under which the prosecution was instituted and the case tried, has been repealed by the statute of 1850, c. 232, so that no…
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