Commonwealth v. Dean
Massachusetts Supreme Judicial Court
The first of these cases was a complaint to a trial justice against the defendant for unlawfully keeping intoxicating liquors with intent to sell the same unlawfully at North Bridgewater, on October 4, 1871. At the trial on appeal in the Superior Court, before Bacon, J., it appeared that the defendant sold ale in North Bridgewater, but there was no evidence whether the town of North Bridgewater had or had not, under the St. of 1871, e. 334,* voted to allow the liquors named…
Read the full summary
The first of these cases was a complaint to a trial justice against the defendant for unlawfully keeping intoxicating liquors with intent to sell the same unlawfully at North Bridgewater, on October 4, 1871. At the trial on appeal in the Superior Court, before Bacon, J., it appeared that the defendant sold ale in North Bridgewater, but there was no evidence whether the town of North Bridgewater had or had not, under the St. of 1871, e. 334,* voted to allow the liquors named in said statute to be sold within its limits. The defendant requested the judge to rule that the statute making the…
1Opinion of the Court
By the Coubt.
1. The principle settled in Commonwealth v. Bennett, 108 Mass. 27, applies to this case, and the constitutionality of the statute must be regarded as settled. 2. It is also *359settled that the burden is on the defendant to prove his authority to sell the liquor.* Commonwealth v. Carpenter, 100 Mass. 204.
¡Exceptions overruled.
At November term 1872, for Essex, were argued and determined
Commonwealth vs. Bernard McBride. Same vs. William Travers.
The first of these cases was a complaint to the Police Court of Lynn against the defendant for unlawfully keeping intoxicating liquors with…
2Cases cited2 opinions
- Commonwealth v. BennettMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. CarpenterMassachusetts Supreme Judicial Court · 1868
3Cited by20 opinions
- State v. Judge of the Circuit CourtSupreme Court of New Jersey · 1888
- State ex rel. Witter v. ForknerSupreme Court of Iowa · 1895
- In re O'BrienMontana Supreme Court · 1904
- Fouts v. Hood RiverOregon Supreme Court · 1905
- State v. WilcoxSupreme Court of Connecticut · 1875
15 more not listed; retrieve them via the Exa API.