Commonwealth v. Dolan
Massachusetts Supreme Judicial Court
Complaint under the St. of 1875, c. 99, to the Municipal Court of the West Roxbury District, charging that the defendant, at a time and place named, “ unlawfully did expose and keep for sale intoxicating liquors, with intent unlawfully to sell the same in this Commonwealth.”
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Complaint under the St. of 1875, c. 99, to the Municipal Court of the West Roxbury District, charging that the defendant, at a time and place named, “ unlawfully did expose and keep for sale intoxicating liquors, with intent unlawfully to sell the same in this Commonwealth.” At the trial in the Superior Court, before Putnam, J., on appeal, the witnesses for the government testified that they found a bar inside of the defendant’s saloon, a beer-pump, table, shelves, bottles and tumblers; and, behind the bar, a jug containing a gallon of whiskey; and, in the cellar, a barrel of ale, connected…
1Opinion of the Court
By the Court.
Whether the defendant exposes or keeps for sale, or both keeps and exposes, it is but one offence; and a complaint charging both is good, and is supported by proof of either. Exceptions overruled.
2Cited by10 opinions
- Commonwealth v. MartinMassachusetts Supreme Judicial Court · 1939
- State v. KerrNorth Dakota Supreme Court · 1894
- State v. NolanSupreme Court of Rhode Island · 1887
- Commonwealth v. AtkinsMassachusetts Supreme Judicial Court · 1883
- State v. GraySupreme Court of Minnesota · 1882
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