Commonwealth v. Locke
Massachusetts Supreme Judicial Court
Complaint, on the Pub. Sts. e. 101, §§ 6, 7, for keeping and maintaining a common nuisance, to wit, a tenement in Cambridge, used for the illegal sale and illegal keeping of intoxicating liquors, on May 1, 1887, and on divers other days and times between that day and J une 4,1887. Trial in the Superior Court, before Barker, J., who allowed a bill of exceptions, in substance as follows: On Tuesday, May 24, 1887, several police officers of Cambridge, with a search-warrant,…
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Complaint, on the Pub. Sts. e. 101, §§ 6, 7, for keeping and maintaining a common nuisance, to wit, a tenement in Cambridge, used for the illegal sale and illegal keeping of intoxicating liquors, on May 1, 1887, and on divers other days and times between that day and J une 4,1887. Trial in the Superior Court, before Barker, J., who allowed a bill of exceptions, in substance as follows: On Tuesday, May 24, 1887, several police officers of Cambridge, with a search-warrant, visited Porter’s Hotel, Cambridge, of which the defendant was the proprietor, and searched the hotel for intoxicating…
1Opinion of the CourtHolmes, J.
It was competent to prove the discovery of gin and whiskey in the defendant’s bar-room. Commonwealth v. Kahlmeyer, 124 Mass. 322. Commonwealth v. Intoxicating Liquors, 116 Mass. 27. Therefore it was competent to prove the circumstances of the discovery. But, further, evidence of the bar-keeper’s conduct was admissible in connection with the other facts as tending to show that the defendant was guilty. If liquor was kept for sale in the defendant’s bar-room by the defendant’s bar-keeper, the jury might think it unlikely, as matter of common experience, that it would be kept for sale there…
2Cases cited4 opinions
- Commonwealth v. HolmesMassachusetts Supreme Judicial Court · 1875
- Commonwealth v. BriantMassachusetts Supreme Judicial Court · 1886
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1874
- Commonwealth v. KahlmeyerMassachusetts Supreme Judicial Court · 1878
3Cited by9 opinions
- Commonwealth v. McNeeseMassachusetts Supreme Judicial Court · 1892
- Commonwealth v. ActonMassachusetts Supreme Judicial Court · 1895
- Commonwealth v. HylandMassachusetts Supreme Judicial Court · 1891
- Commonwealth v. MaddocksMassachusetts Supreme Judicial Court · 1910
- Commonwealth v. FunaiMassachusetts Supreme Judicial Court · 1888
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