Commonwealth v. Hill
Massachusetts Supreme Judicial Court
Indictment for keeping and maintaining a common nuisance, to wit, a certain tenement in New Bedford, used as a house of ill-fame, for illegal gaming, and for the illegal sale and illegal keeping of intoxicating liquors, on January 1,1886, and on divers other days and times between that day and the day of finding the indictment, June 10, 1886. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows: The government’s…
Read the full summary
Indictment for keeping and maintaining a common nuisance, to wit, a certain tenement in New Bedford, used as a house of ill-fame, for illegal gaming, and for the illegal sale and illegal keeping of intoxicating liquors, on January 1,1886, and on divers other days and times between that day and the day of finding the indictment, June 10, 1886. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows: The government’s evidence tended to show that said tenement, which was a house, was used for the illegal sale of liquor, and was resorted to…
1Opinion of the CourtField, J.
In offences like that charged in this indictment, there is a presumption of law that acts done by the wife in the immediate presence of her husband are done by her under coercion from him. This was originally a presumption in favor of the wife, but it is now also considered that there is a presumption against the husband that acts done by the wife in his immediate presence are done by his command or authority. In each case, it is a disputable presumption, and may be rebutted or contradicted by evidence, and this presumption has perhaps lost something of its force in modern times in…
2Cases cited9 opinions
- Commonwealth v. PrattMassachusetts Supreme Judicial Court · 1879
- Commonwealth v. WoodMassachusetts Supreme Judicial Court · 1867
- Commonwealth v. BarryMassachusetts Supreme Judicial Court · 1874
- Potter v. BaldwinMassachusetts Supreme Judicial Court · 1882
- Commonwealth v. TryonMassachusetts Supreme Judicial Court · 1868
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Leone v. DoranMassachusetts Supreme Judicial Court · 1973
- Coolman v. StateIndiana Supreme Court · 1904
- Wohlford v. PeopleIllinois Supreme Court · 1894
- Southworth v. EdmandsMassachusetts Supreme Judicial Court · 1890
- Bradford v. City of WorcesterMassachusetts Supreme Judicial Court · 1904
9 more not listed; retrieve them via the Exa API.