Commonwealth v. Kerrissey
Massachusetts Supreme Judicial Court
Complaint, under the Pub. Sts. c. 101, §§ 6, 7, for keeping and maintaining a common nuisance, to wit, a certain tenement in Norwood, used for the illegal sale and illegal keeping of intoxicating liquors, on July 1,1884, and on divers other days and times between that day and April 29, 1885. At the trial in the Superior Court, before Mason, J., the jury returned a verdict of guilty; and the defendant alleged exceptions, which appear in the opinion.
1Opinion of the Court
By the Court.
A part of the government’s evidence was, that, on March 26, 1885, a day covered by the complaint, the saloon of the defendant was searched under a search-warrant, and a bottle of rum found in a cupboard back of his bar. The *111defendant asked the court to rule that, if this rum “ was kept for sale in the saloon by the defendant, it was not sufficient to convict the defendant, unless the jury should find that the saloon was used at other times for the illegal keeping and illegal sale of intoxicating liquor by the defendant.”
The court could not properly give this instruction, for, if…
2Cases cited1 opinion
- Commonwealth v. CoganMassachusetts Supreme Judicial Court · 1871
3Cited by5 opinions
- Scott v. StateNorth Dakota Supreme Court · 1917
- Commonwealth v. JoeMassachusetts Supreme Judicial Court · 1907
- Commonwealth v. LordMassachusetts Supreme Judicial Court · 1888
- State v. HaugeNorth Dakota Supreme Court · 1932
- Commonwealth v. RooneyMassachusetts Supreme Judicial Court · 1886