Commonwealth v. Flaherty

The complaint alleged the keeping of a common nuisance, namely, a tenement used for the illegal sale and illegal keeping of intoxicating liquors. The evidence was of three sales, two in the presence of the defendant’s husband, and a third when he was in the yard outside the kitchen where the sale was made. As to this last sale, the jury were instructed that “ no presumption arises that sales made by the wife, when the husband is on the estate, or on the premises, not in her presence, are made under constraint of the husband, and the defendant would be liable for any such sale so made.” We…