Commonwealth v. Beck
Massachusetts Supreme Judicial Court
Two COMPLAINTS, received and sworn to in the Police Court of Fitchburg on June 6, 1904, charging that each defendant “ unlawfully did transport for hire and reward, for delivery in said Fitchburg intoxicating liquor, said Fitchburg then being a city where licenses of the first five classes to sell intoxicating liquors, are not granted, and said [Beck and Murphy respectively] not then and there regularly and lawfully conducting a general express business.”
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Two COMPLAINTS, received and sworn to in the Police Court of Fitchburg on June 6, 1904, charging that each defendant “ unlawfully did transport for hire and reward, for delivery in said Fitchburg intoxicating liquor, said Fitchburg then being a city where licenses of the first five classes to sell intoxicating liquors, are not granted, and said [Beck and Murphy respectively] not then and there regularly and lawfully conducting a general express business.” On appeal to the Superior Court the cases were tried before Bell, J. Before the jury was impanelled each defendant moved that the complaint…
1Opinion of the CourtBraley, J.
No offence known to the common law is described in these complaints, and if they can be sustained it must be on the ground that they charge a misdemeanor under R. L. c. 100, § 49. This section in substance was originally St. 1897, c. 271, § 1, which was before this court for construction in Commonwealth v. Intoxicating Liquors, 172 Mass. 311, when it was *16said by Hammond, J., “ The act was manifestly intended to meet some difficulties which had been encountered by the government in the prosecution of common carriers for illegal keeping of intoxicating liquors, and to make it more difficult for…
2Cases cited5 opinions
- Commonwealth v. BarrettMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. MartinMassachusetts Supreme Judicial Court · 1821
- Commonwealth v. Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1899
- Commonwealth v. AshtonMassachusetts Supreme Judicial Court · 1878
- Commonwealth v. Worcester & Nashua RailroadMassachusetts Supreme Judicial Court · 1878
3Cited by17 opinions
- King v. Viscoloid Co.Massachusetts Supreme Judicial Court · 1914
- Rea v. Board of AldermenMassachusetts Supreme Judicial Court · 1914
- City of Lowell v. ArchambaultMassachusetts Supreme Judicial Court · 1905
- Neustadt v. Employers' Liability Assurance Corp.Massachusetts Supreme Judicial Court · 1939
- State v. PenceIndiana Supreme Court · 1909
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