Commonwealth v. Chappel
Massachusetts Supreme Judicial Court
Complaint under the St. of 1869, e. 415, §§ 31, 36, for the illegal keeping of intoxicating liquors. At the trial in the Superior Court, before Brigham, C. J., the evidence tended to show that the defendant occupied the lower story of a three story building as an eating-house, and therein kept a bar, and sold hop beer and cider by the glass. Evidence was also introduced to show that he kept and sold whiskey, which need not be stated in detail.
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Complaint under the St. of 1869, e. 415, §§ 31, 36, for the illegal keeping of intoxicating liquors. At the trial in the Superior Court, before Brigham, C. J., the evidence tended to show that the defendant occupied the lower story of a three story building as an eating-house, and therein kept a bar, and sold hop beer and cider by the glass. Evidence was also introduced to show that he kept and sold whiskey, which need not be stated in detail. The jury, after receiving instructions which were not excepted to, and retiring, came into court and asked for instructions as to whether selling a…
1Opinion of the CourtGray, C. J.
The St. of 1869, c. 415, §§ 31, 36, on which this complaint is founded, prohibits the keeping with intent to sell of “any spirituous or intoxicating liquor.” Section 30 of this statute declares that “ ale, porter, strong beer, lager bier, and all wines, shall be considered intoxicating liquors within the meaning of this act, as well as distilled spirits ; but this enumeration -shall not prevent any other pure or mixed liquors from being regarded as intoxicating.” This enumeration omits cider, which had been expressly specified in the former statutes, under which sales of cider, though not…
2Cited by5 opinions
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