Commonwealth v. Julius
Massachusetts Supreme Judicial Court
Complaint, alleging that the defendant, on January 6, 1886, at Boston, he having a license of the first class, under the Pub. Sts. c. 100, to sell intoxicating liquors, unlawfully sold such liquors to Michael A. Parsons, who was then and there an intoxicated person. Trial in the Superior Court, before Staples, J., who allowed a bill of exceptions, in substance as follows : It was admitted that the defendant was licensed, as alleged.
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Complaint, alleging that the defendant, on January 6, 1886, at Boston, he having a license of the first class, under the Pub. Sts. c. 100, to sell intoxicating liquors, unlawfully sold such liquors to Michael A. Parsons, who was then and there an intoxicated person. Trial in the Superior Court, before Staples, J., who allowed a bill of exceptions, in substance as follows : It was admitted that the defendant was licensed, as alleged. Michael A. Parsons testified, for the government, that, on January 6, 1886, he went into a Methodist church on Bromfield Street, in Boston, at twelve o’clock…
1Opinion of the Court
By the Court.
It has been too often decided to be now open to question, that guilty knowledge that one is acting in violation of law is not essential to the offence of unlawfully selling intoxicating liquor; and that whoever has a license is bound, at his own peril, to keep within the terms of it. Commonwealth v. Uhrig, 138 Mass. 492. Commonwealth v. Finnegan, 124 Mass. 324. Roberge v. Burnham, 124 Mass. 277. Commonwealth v. Emmons, 98 Mass. 6.
In the case at bar, the jury have found that the defendant sold liquor to an intoxicated person. The statute does not make guilty knowledge by the…
2Cases cited4 opinions
- Commonwealth v. EmmonsMassachusetts Supreme Judicial Court · 1867
- Roberge v. BurnhamMassachusetts Supreme Judicial Court · 1878
- Commonwealth v. UhrigMassachusetts Supreme Judicial Court · 1885
- Commonwealth v. FinneganMassachusetts Supreme Judicial Court · 1878
3Cited by10 opinions
- Commonwealth v. NagleMassachusetts Supreme Judicial Court · 1893
- Commonwealth v. JoslinMassachusetts Supreme Judicial Court · 1893
- Commonwealth v. GouldMassachusetts Supreme Judicial Court · 1893
- Commonwealth v. HayesMassachusetts Supreme Judicial Court · 1890
- Commonwealth v. LaveryMassachusetts Supreme Judicial Court · 1905
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