Commonwealth v. Fontain
Massachusetts Supreme Judicial Court
Complaint under the Gen. Sts. c. 87, §§ 6, 7, for keeping and maintaining a tenement used for the illegal sale and illegal keeping of intoxicating liquors, the same being a common nuisance. In the Superior Court, on appeal, the defendant pleaded guilty to the complaint. Upon the hearing on the matter of sentence, the defendant introduced no evidence.
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Complaint under the Gen. Sts. c. 87, §§ 6, 7, for keeping and maintaining a tenement used for the illegal sale and illegal keeping of intoxicating liquors, the same being a common nuisance. In the Superior Court, on appeal, the defendant pleaded guilty to the complaint. Upon the hearing on the matter of sentence, the defendant introduced no evidence. But it appeared by evidence offered in behalf of the government, that the defendant had been convicted before a trial justice, within one year, of the offence of illegally keeping intoxicating liquor for sale, with intent to sell the same. It was…
1Opinion of the CourtMorton, J.
The defendant was convicted under the Gen. Sts. a. 87, §§ 6, 7, upon a complaint for keeping and maintaining a tenement used for the illegal sale and illegal keeping of intoxicating liquors.
When he was brought before the court for sentence, it appeared that he had been previously convicted, under the St. of 1875, e. 99, of illegally keeping intoxicating liquor for sale; and that he had not previously been convicted of any other of-fence claimed to he similar to the one charged in this complaint. *454Whereupon the presiding justice ruled, as matter of law, that the court had nó discretion, in the…
2Cases cited1 opinion
- Commonwealth v. CarpenterMassachusetts Supreme Judicial Court · 1868
3Cited by26 opinions
- Long v. GeorgeMassachusetts Supreme Judicial Court · 1937
- Commonwealth v. BloombergMassachusetts Supreme Judicial Court · 1939
- Peterson v. CadoganMassachusetts Supreme Judicial Court · 1943
- Commonwealth v. RamosMassachusetts Supreme Judicial Court · 1988
- Commonwealth v. EdgerlyMassachusetts Appeals Court · 1982
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