Commonwealth v. Murray
Massachusetts Supreme Judicial Court
Complaint to the Second District Court of Eastern Middle-sex, for keeping and maintaining a common nuisance, to wit, a tenement in Watertown, used for the illegal sale and illegal keeping of intoxicating liquors, on June 20, 1884, and on divers other days and times between that day and July 19, 1884. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows : It appeared in evidence that the defendant held a license of the…
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Complaint to the Second District Court of Eastern Middle-sex, for keeping and maintaining a common nuisance, to wit, a tenement in Watertown, used for the illegal sale and illegal keeping of intoxicating liquors, on June 20, 1884, and on divers other days and times between that day and July 19, 1884. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows : It appeared in evidence that the defendant held a license of the fourth class, to sell liquors of any kind not to be drunk on the premises; which license, during the time specified in…
1Opinion of the CourtHolmes, J.
The fact that the defendant had a license did not make it impossible for him to use his tenement for the illegal keeping or sale of intoxicating liquors, and thus to keep or maintain a common nuisance. While it is true that a single sale which is illegal, because not within the license, does not constitute or necessarily prove the offence, Commonwealth v. Patterson, ante, 498, it is settled that a person may be convicted of keeping and maintaining a common nuisance under the Pub. Sts. c. 101, §§ 6, 7, on evidence of such illegal sales, although he has a license. Commonwealth v. Tabor, ante,…
2Cases cited2 opinions
- Commonwealth v. RaffertyMassachusetts Supreme Judicial Court · 1882
- Commonwealth v. RogersMassachusetts Supreme Judicial Court · 1883
3Cited by3 opinions
- Commonwealth v. HayesMassachusetts Supreme Judicial Court · 1890
- Commonwealth v. McNeffMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. ReidMassachusetts Appeals Court · 2008