Commonwealth v. Ahearn
Massachusetts Supreme Judicial Court
Complaint, alleging that the defendant “ unlawfully did keep for sale intoxicating liquors with intent unlawfully to sell the same in this Commonwealth.” At the trial in the Superior Court, before Bishop, J., the defendant asked for a ruling that, upon all the evidence in the case, the jury would not be warranted in finding the defendant guilty of the offence charged in the complaint. The judge declined so to rule, and the defendant excepted.
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Complaint, alleging that the defendant “ unlawfully did keep for sale intoxicating liquors with intent unlawfully to sell the same in this Commonwealth.” At the trial in the Superior Court, before Bishop, J., the defendant asked for a ruling that, upon all the evidence in the case, the jury would not be warranted in finding the defendant guilty of the offence charged in the complaint. The judge declined so to rule, and the defendant excepted. The defendant asked for an instruction to the jury, which the judge gave with a qualification, and the defendant excepted. The jury returned a verdict…
1Opinion of the CourtAllen, J.
The averment of intent follows the language of the earlier statutes. St. 1855, c. 215. Gen. Sts. c. 86, § 29. St. 1869, c. 415, § 31. In the statute now in force the words are, “ No person shall sell, or expose or keep for sale, spirituous or intoxicating liquor, except as authorized,” etc. Pub. Sts. c. 100, § 1. St. 1875, e. 99, § 1. Whether the averment in the *301complaint is more minute than is necessary, or whether it imposed on the prosecutor an unnecessary strictness of proof, we need not inquire. See Commonwealth v. Dana, 2 Met. 329, 342.
The principal question is whether the evidence was…
2Cases cited3 opinions
- Sanders v. Bank of KentuckyCourt of Appeals of Kentucky · 1859
- People v. ErwinNew York Supreme Court · 1847
- Commonwealth v. WallaceMassachusetts Supreme Judicial Court · 1871
3Cited by2 opinions
- Commonwealth v. MullaneMassachusetts Supreme Judicial Court · 2006
- Commonwealth v. JaffasMassachusetts Supreme Judicial Court · 1933