Commonwealth v. Fleckner
Massachusetts Supreme Judicial Court
Complaint, for maintaining a liquor nuisance, under St. 1887, c. 206, entitled “ An Act to prohibit the unlicensed selling, distributing, or dispensing of intoxicating liquors by clubs.” Trial in the Superior Court, before Hopkins, J., who allowed a bill of exceptions, in substance as follows.
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Complaint, for maintaining a liquor nuisance, under St. 1887, c. 206, entitled “ An Act to prohibit the unlicensed selling, distributing, or dispensing of intoxicating liquors by clubs.” Trial in the Superior Court, before Hopkins, J., who allowed a bill of exceptions, in substance as follows. There was evidence tending to show that, on a certain evening within the period of time covered by the complaint, police officers found in the hall of the Turn Verein, in Fitchburg, a number of tables and chairs with a counter along one side of the room ; that on the counter was a cask of lager beer on…
1Opinion of the CourtHolmes, J.
It is suggested, on behalf of the government, that the defendant’s exceptions cannot be entertained, because the sentence has been imposed and executed, under St. 1895, c. 469, §§ 1, 2. But the statute evidently contemplates the right to take and argue exceptions as remaining unaffected by its provisions. It does not say that no exceptions shall be prosecuted unless a stay of execution is granted, but, first, that sentence shall be imposed notwithstanding exceptions, (which of itself is consistent with the exceptions being argued afterwards, as has been the practice under Pub. Sts. c. 153, §…
2Cases cited3 opinions
- Commonwealth v. CliffordMassachusetts Supreme Judicial Court · 1887
- Commonwealth v. BurkeMassachusetts Supreme Judicial Court · 1873
- Commonwealth v. BakerMassachusetts Supreme Judicial Court · 1890
3Cited by53 opinions
- Commonwealth v. MillenMassachusetts Supreme Judicial Court · 1935
- Commonwealth v. DoweMassachusetts Supreme Judicial Court · 1943
- People v. ShambleyIllinois Supreme Court · 1954
- State v. WinthropWashington Supreme Court · 1928
- Ricketts v. J. G. McCrory Co.Supreme Court of Virginia · 1924
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