Commonwealth v. Henderson
Massachusetts Supreme Judicial Court
Complaint to the Municipal Court of Boston, alleging that the defendant, on September 5, 1885, at Boston, unlawfully exposed and kept for sale intoxicating liquors, with intent unlawfully to sell the same in this Commonwealth, he not having any license, authority, or appointment, according to law, then and there to expose, keep for sale, or sell said liquors. In the Superior Court, the defendant filed a motion to quash the complaint, on the ground that it was insufficient.
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Complaint to the Municipal Court of Boston, alleging that the defendant, on September 5, 1885, at Boston, unlawfully exposed and kept for sale intoxicating liquors, with intent unlawfully to sell the same in this Commonwealth, he not having any license, authority, or appointment, according to law, then and there to expose, keep for sale, or sell said liquors. In the Superior Court, the defendant filed a motion to quash the complaint, on the ground that it was insufficient. Pitman, J., overruled the motion; and the defendant excepted. At the trial it appeared that the complainant entered the…
1Opinion of the Court
By the Court.
The complaint is sufficient, and the motion to quash was rightly overruled. It is immaterial whether the proceedings of the officer in serving the search-warrant were regular and lawful or not, and the instructions requested on this subject were properly refused.
It is immaterial whether the liquors which the defendant kept for sale were exposed or concealed, and the instructions requested upon the meaning of the word “exposed” were properly refused. Commonwealth v. Atkins, 136 Mass. 160.
We can see no ground for contending that the evidence admitted was incompetent, or that the…
2Cases cited1 opinion
- Commonwealth v. AtkinsMassachusetts Supreme Judicial Court · 1883
3Cited by8 opinions
- Williams v. StateSupreme Court of Georgia · 1897
- Commonwealth v. WilkinsMassachusetts Supreme Judicial Court · 1923
- Commonwealth v. ActonMassachusetts Supreme Judicial Court · 1895
- Commonwealth v. KeenanMassachusetts Supreme Judicial Court · 1889
- Commonwealth v. ByrnesMassachusetts Supreme Judicial Court · 1893
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