Commonwealth v. Pease
Massachusetts Supreme Judicial Court
Indictment under the Gen. Sts. c. 87, §§ 6, 7, for keeping and maintaining a tenement for the illegal sale and keeping of intoxicating liquors. ' At the trial in the Superior Court, before Allen, J., the Commonwealth introduced evidence tending to show that the defendant was an apothecary in New Bedford; that he kept intoxicating liquors in his shop, and also in a building in the rear of the shop, and that sales were made in the shop; and it contended that the liquors in the…
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Indictment under the Gen. Sts. c. 87, §§ 6, 7, for keeping and maintaining a tenement for the illegal sale and keeping of intoxicating liquors. ' At the trial in the Superior Court, before Allen, J., the Commonwealth introduced evidence tending to show that the defendant was an apothecary in New Bedford; that he kept intoxicating liquors in his shop, and also in a building in the rear of the shop, and that sales were made in the shop; and it contended that the liquors in the rear building were intended for sale in the shop. The defendant having contended that the liquors in the shop were…
1Opinion of the CourtColt, J.
This indictment is for keeping a liquor nuisance. Gen. Sts. c. 87, §§ 6, 7. It was claimed by the defendant that the liquors found were intended by him for the manufacture of “ Sweet’s Bitters.” And this ground of defence was so far regarded as material by the government that evidence for the prosecution was produced that “ Sweet’s Bitters ” was in fact intoxicating, with the purpose no doubt of showing that its manufacture was a mere evasion, and that the article itself must be regarded as intoxicating liquor within the meaning of the law.
Upon this state of the case, a majority of the court…
2Cited by4 opinions
- Commonwealth v. SookeyMassachusetts Supreme Judicial Court · 1920
- State v. GoodWest Virginia Supreme Court · 1904
- State v. GillispieWest Virginia Supreme Court · 1907
- Commonwealth v. O'DonnellMassachusetts Supreme Judicial Court · 1887