Commonwealth v. Curran
Massachusetts Supreme Judicial Court
Complaint under the St. of 1875, c. 99, to the Municipal Court of the city of Boston, averring that Thomas Curran, on July 3, 1875, “ at Boston aforesaid, and within the judicial district of said court, unlawfully did expose and keep for sale intoxicating liquors, with intent unlawfully to sell the same in this Commonwealth, the said Curran not having then and there any license, authority or appointment, according to law, then and there to expose, keep for sale,, or sell…
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Complaint under the St. of 1875, c. 99, to the Municipal Court of the city of Boston, averring that Thomas Curran, on July 3, 1875, “ at Boston aforesaid, and within the judicial district of said court, unlawfully did expose and keep for sale intoxicating liquors, with intent unlawfully to sell the same in this Commonwealth, the said Curran not having then and there any license, authority or appointment, according to law, then and there to expose, keep for sale,, or sell said liquors, against the peace of said Commonwealth, and contrary to the form of the statute in such case made and…
1Opinion of the CourtGray, C. J.
Most of the exceptions in this case are disposed of by the judgment in Commonwealth v. Fredericks, ante, 199, and the others are equally unfounded.
1. The allegation in the complaint that the defendant did expose and keep for sale intoxicating liquors, charges but a single offence, and is not bad for duplicity. Commonwealth v. Nichols, 10 Allen, 199.
2. If the defendant was proved to have kept intoxicating liquors for sale, the burden of proving that he had a license or authority so to do was upon him. St. 1864, c. 121, § 1. Commonwealth v. Kennedy, 108 Mass. 292. Commonwealth v. Leo, 110 Mass.…
2Cases cited3 opinions
- Commonwealth v. KennedyMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. LeoMassachusetts Supreme Judicial Court · 1872
- Commonwealth v. SheaMassachusetts Supreme Judicial Court · 1874
3Cited by10 opinions
- Commonwealth v. JobeSuperior Court of Pennsylvania · 1927
- Commonwealth v. FreedSuperior Court of Pennsylvania · 1932
- State v. NolanSupreme Court of Rhode Island · 1887
- Commonwealth v. AtkinsMassachusetts Supreme Judicial Court · 1883
- State v. LawsonWashington Supreme Court · 1905
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