Commonwealth v. Carpenter
Massachusetts Supreme Judicial Court
Indictment for keeping a liquor nuisance in Fall River on May 25,1868, and divers other days between that day and September 16,1868, when the indictment was returned by the grand jury.
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Indictment for keeping a liquor nuisance in Fall River on May 25,1868, and divers other days between that day and September 16,1868, when the indictment was returned by the grand jury. In the superior court, before the jury were impanelled, the defendant filed a motion to quash the indictment on the ground that the Gen. Sts. c. 87, §§ 6,7, on which it was founded, were repealed by the Sts. of 1868, cc. 141, 311. This motion Rockwell, J., overruled; and on the trial permitted the Commonwealth to introduce, against the objection of the defendant, evidence of a sale of whiskey made on May 28,…
1Opinion of the Court
Gray, J.*
1. This indictment is founded on the Gen. Sts. c. 87, §§ 6, 7, by which it is enacted that all buildings, places or tenements “ used for the illegal keeping or sale of intoxicating liquors,” or resorted to for certain other illegal purposes, shall be deemed common nuisances, and that whoever keeps or maintains such a common nuisance shall be punished. These sections do not undertake to define what sale or keeping of intoxicating liquors shall be illegal, but leave that to be ascertained from other statutes from time to time. The offence of keeping a place for such an illegal purpose,…
2Cited by15 opinions
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- Commonwealth v. FontainMassachusetts Supreme Judicial Court · 1879
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