Commonwealth v. McCurdy
Massachusetts Supreme Judicial Court
Indictment on the Gen. Sts. c. 87, §§ 6, 7, for keeping and maintaining a tenement in HopMnton, used for the illegal sale and illegal keeping of intoxicating liquor. At the trial in the superior court in Middlesex, before Pitman, J., it was admitted that the town of HopMnton had voted that any person might manufacture, sell or keep for sale therein ale, porter, strong beer or lager beer; and it appeared that the defendant sold beer in the tenement on the Lord’s day.
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Indictment on the Gen. Sts. c. 87, §§ 6, 7, for keeping and maintaining a tenement in HopMnton, used for the illegal sale and illegal keeping of intoxicating liquor. At the trial in the superior court in Middlesex, before Pitman, J., it was admitted that the town of HopMnton had voted that any person might manufacture, sell or keep for sale therein ale, porter, strong beer or lager beer; and it appeared that the defendant sold beer in the tenement on the Lord’s day. The defendant requested the judge to instruct the jury that proof of sales oi beer on the Lord’s day was not sufficient to…
1Opinion of the CourtWells, J.
Under the instructions from the court, the jury must have found that the defendant kept the tenement described in the indictment, and that it was used for the illegal sale of in toxicating liquors. If the only evidence was of sales of beer on the Lord’s day, then they must have found that it was strong beer, or of some Mnd that is intoxicating, or declared to be so by the statute. The instructions so required. The sale of such beer on the Lord’s day is an illegal sale of intoxicating liquors, under the acts relating to the keeping and sale of intoxicating liquors; and a building kept and used…
2Cited by1 opinion
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