Commonwealth v. Lynn
Massachusetts Supreme Judicial Court
Complaint to the municipal court of the city of Boston, dated October 5, 1870, that William Lynn kept intoxicating liquor 66 with intent to sell the same in this Commonwealth, the said Lynn not being authorized to sell the same in said Commonwealth for any purpose' under the provisions of the acts of this Commonwealth, or by any legal authority whatever.”
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Complaint to the municipal court of the city of Boston, dated October 5, 1870, that William Lynn kept intoxicating liquor 66 with intent to sell the same in this Commonwealth, the said Lynn not being authorized to sell the same in said Commonwealth for any purpose' under the provisions of the acts of this Commonwealth, or by any legal authority whatever.” The defendant demurred to the complaint, in the superior court, on appeal, on the ground that it did not aver that the “ liquor is such as is forbidden to be kept for sale by the laws of this Commonwealth ; ” Devens, J., overruled the…
1Opinion of the Court
By the Court.
The allegation in this complaint, that the defendant kept intoxicating liquor “ with intent to sell the same in this Commonwealth, he not being authorized to sell the same in said Commonwealth for any purpose under the provisions of the acts of this Commonwealth, or by any legal authority whatever,” is sufficient. It excludes the idea, that the liquors alleged to be kept were such as he had a right to sell. A like allegation has been held sufficient in several cases, which are decisive of the case at bar. Commonwealth v. Hart, 11 Cush. 180. Commonwealth v. Gilland, 9 Gray, 3.…
2Cited by2 opinions
- Commonwealth v. KennedyMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. GradyMassachusetts Supreme Judicial Court · 1871