Commonwealth v. Hersey
Massachusetts Supreme Judicial Court
Complaint on the Pub. Sts. c. 101, §§ 6, 7, for keeping and maintaining a certain common nuisance, to wit, a tenement in Natick, used for the illegal sale and illegal keeping of intoxicating liquors, on August 1,1886, and on divers other days and times between that day and September 16, 1886. At the trial in the Superior Court, before Thompson, J., the jury returned a verdict of guilty; and the defendant alleged exceptions, which appear in the opinion.
1Opinion of the CourtDevens, J.
The offence of keeping and maintaining a common nuisance is local, and the place must be proved as laid. Commonwealth v. Heffron, 102 Mass. 148. Commonwealth v. Bacon, 108 Mass. 26. The evidence tended to show that the defendant kept and maintained such a nuisance in a small house consisting of a single room, a small part of which was situated in Wayland, a town adjoining Natick, in which latter town it was alleged in the complaint that the nuisance was kept and maintained. All the liquors found were in that portion of the room situated in Natick, and there was no evidence of any nuisance…
2Cases cited3 opinions
- Commonwealth v. HeffronMassachusetts Supreme Judicial Court · 1869
- Young v. City of BostonMassachusetts Supreme Judicial Court · 1870
- Commonwealth v. BaconMassachusetts Supreme Judicial Court · 1871
3Cited by4 opinions
- Commonwealth v. MatthewsMassachusetts Supreme Judicial Court · 1896
- Commonwealth v. QuinlanMassachusetts Supreme Judicial Court · 1891
- Commonwealth v. ClynesMassachusetts Supreme Judicial Court · 1889
- Commonwealth v. LeeMassachusetts Supreme Judicial Court · 1888