Commonwealth v. Worcestrr
Massachusetts Supreme Judicial Court
Complaint on the Gen. Sts. e. 87, § 6, charging the defendant with keeping and maintaining a certain dwelling-house in Concord, used for the illegal sale and illegal keeping of intoxicating liquors, the same being a common nuisance.
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Complaint on the Gen. Sts. e. 87, § 6, charging the defendant with keeping and maintaining a certain dwelling-house in Concord, used for the illegal sale and illegal keeping of intoxicating liquors, the same being a common nuisance. At the trial in the Superior Court, before Allen, J., the government called witnesses who testified that they went to the defendant’s dwelling-house on two or three different occasions and had dinners or suppers; that with these meals, and as part thereof, they had wine, lager beer and other liquors; and that when they got through they paid the defendant for the…
1Opinion of the CourtAmes, J.
The instructions given by the presiding judge were correct. The purchase of a meal includes all the articles that go to make up the meal. It is wholly immaterial that no specific price is attached to those articles separately. If the meal included intoxicating liquors, the purchase of the meal would be a purchase of the liquors. It would be immaterial that other articles were included in the purchase, and all were charged in one collective price. If a dealer should undertake to present a glass of liquor to everybody who should purchase some small article of him, it would be considered a mere…
2Cited by14 opinions
- Friend v. Childs Dining Hall Co.Massachusetts Supreme Judicial Court · 1918
- Ennabe v. ManosaCalifornia Supreme Court · 2014
- Commonwealth v. WarrenMassachusetts Supreme Judicial Court · 1894
- Greenwood v. John R. Thompson Co.Appellate Court of Illinois · 1919
- Stanfield ex rel. Stanfield v. F. W. Woolworth Co.Supreme Court of Kansas · 1936
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