Commonwealth v. Bennett
Massachusetts Supreme Judicial Court
Indictment found and returned at January term 1871 of the superior court “ begun and holden at W oreester within and for the county of Worcester,” averring that John C. Bennett “ of Worcester in said county,” on November 1, 1870, and divers other days and times between that day and January 16,1871, “ at Worcester in said county, did keep and maintain a certain tenement, there situate, then and there used for the illegal sale and for the illegal keeping of intoxicating…
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Indictment found and returned at January term 1871 of the superior court “ begun and holden at W oreester within and for the county of Worcester,” averring that John C. Bennett “ of Worcester in said county,” on November 1, 1870, and divers other days and times between that day and January 16,1871, “ at Worcester in said county, did keep and maintain a certain tenement, there situate, then and there used for the illegal sale and for the illegal keeping of intoxicating liquor, said tenement, so used as aforesaid, being then and there a common nuisance,” &c. Before the jury were empanelled,…
1Opinion of the CourtGray, J.
An indictment on the Gen. Sts. e. 87, §§ 6, 7, tharging the defendant, in tne words of the statute, with keeping and maintaining a tenement used for the illegal sale and illegal *28keeping of intoxicating liquors and being a common nuisance, is sufficient, without particularly describing the kind of liquors, or negativing any authority to keep or sell them; and is supported by proof of keeping and maintaining a tenement used for the sale or keeping of any intoxicating liquors, the sale or keeping of which is prohibited by the statutes in force at the time of the offence. Commonwealth v. Kimball,…
2Cases cited3 opinions
- Bancroft v. DumasSupreme Court of Vermont · 1849
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1869
- Commonwealth v. CarpenterMassachusetts Supreme Judicial Court · 1868
3Cited by42 opinions
- Welch v. SwaseyMassachusetts Supreme Judicial Court · 1907
- Brodbine v. Inhabitants of RevereMassachusetts Supreme Judicial Court · 1903
- State v. Judge of the Circuit CourtSupreme Court of New Jersey · 1888
- State v. HunterSupreme Court of Kansas · 1888
- Liggett Drug Co. v. License CommissionersMassachusetts Supreme Judicial Court · 1936
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