Legal Opinion

Commonwealth v. Chadwick

Massachusetts Supreme Judicial Court

Decided October 23, 1886Published

Complaint to the Second District Court of Eastern Worcester, alleging that the defendant, on July 5, 1886, at Clinton, “ without any authority therefor,” sold intoxicating liquor to a person unknown. Trial in the Superior Court, on appeal, before Blodgett, J., who allowed a bill of exceptions, in substance as follows: The government called one Kenney as a witness, who testified, in substance: “I know where the defendant keeps a public place on Main Street in Clinton.

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Complaint to the Second District Court of Eastern Worcester, alleging that the defendant, on July 5, 1886, at Clinton, “ without any authority therefor,” sold intoxicating liquor to a person unknown. Trial in the Superior Court, on appeal, before Blodgett, J., who allowed a bill of exceptions, in substance as follows: The government called one Kenney as a witness, who testified, in substance: “I know where the defendant keeps a public place on Main Street in Clinton. I was there on July 5, and I saw liquor sold there on that day between eleven fifteen and eleven thirty, P. M. I did not go in.…

1Opinion of the CourtField, J.

The defendant’s license was subject to the conditions, that “ no sale of spirituous or intoxicating liquor shall be made between the hours of eleven at night and six in the morning ; nor during the Lord’s day, except,” &c.; and that he “ shall not keep a public bar.” Pub. Sts. c. 100, § 9, cl. 2, 5. St. 1885, e. 90, § 1.

The government’s witness testified that the sale he testified to in the lower court was the same sale he testified to in the Superior Court; but the defendant’s evidence tended to show that no sale was made after eleven o’clock. Whether the sale was made before or after eleven…

2Cases cited6 opinions

  1. Commonwealth v. EversonMassachusetts Supreme Judicial Court · 1885
  2. Commonwealth v. RogersMassachusetts Supreme Judicial Court · 1883
  3. Commonwealth v. DavisMassachusetts Supreme Judicial Court · 1876
  4. Commonwealth v. LeightonMassachusetts Supreme Judicial Court · 1885
  5. Commonwealth v. MeadMassachusetts Supreme Judicial Court · 1885

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