Commonwealth v. Goulet
Massachusetts Supreme Judicial Court
Complaint, for unlawfully exposing intoxicating liquors for sale on November 20, 1892. Trial in the Superior Court, before Sherman, J., who overruled the defendant’s plea of former acquittal, and reported the case for the determination of this court. If the judge erred in not sustaining the plea of former acquittal, the verdict was to be set aside; otherwise, it was to stand.
1Opinion of the CourtHolmes, J.
The present complaint is for unlawfully exposing intoxicating liquors for sale on November 20, 1892. The defendant has been acquitted on a former complaint for a similar offence alleged as committed on July 1, 1892, and on divers days and times between that day and November 21, 1892. On the face of it the last mentioned complaint excludes November 21; (Commonwealth v. Connors, 116 Mass. 35; Commonwealth v. Robinson, 126 Mass. 259, 264; Commonwealth v. Moore, 147 Mass. 528; Commonwealth v. Carney, 152 Mass. 566, 568;) but includes every moment of November 20, and therefore the acquittal upon…
2Cases cited6 opinions
- Commonwealth v. RobinsonMassachusetts Supreme Judicial Court · 1879
- Commonwealth v. ConnorsMassachusetts Supreme Judicial Court · 1874
- Commonwealth v. DunsterMassachusetts Supreme Judicial Court · 1887
- Commonwealth v. Le ClairMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. CarneyMassachusetts Supreme Judicial Court · 1891
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3Cited by3 opinions
- Commonwealth v. Town of HudsonMassachusetts Supreme Judicial Court · 1943
- Commonwealth v. PeretzMassachusetts Supreme Judicial Court · 1912
- State v. WoolworthSupreme Court of Kansas · 1938