Commonwealth v. Patterson
Massachusetts Supreme Judicial Court
Complaint to the Third District Court of Eastern Middlesex, alleging that the defendant at Cambridge kept and maintained “ a certain common nuisance, to wit, a tenement situate in said Cambridge ” used for the illegal sale and keeping for sale of intoxicating liquors from September 1, 1889, to January 22, 1890. At the trial, on appeal, in the Superior Court, before Blodgett, J., the government offered evidence tending to prove that during the time alleged the defendant had…
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Complaint to the Third District Court of Eastern Middlesex, alleging that the defendant at Cambridge kept and maintained “ a certain common nuisance, to wit, a tenement situate in said Cambridge ” used for the illegal sale and keeping for sale of intoxicating liquors from September 1, 1889, to January 22, 1890. At the trial, on appeal, in the Superior Court, before Blodgett, J., the government offered evidence tending to prove that during the time alleged the defendant had the possession and control of certain land and certain detached buildings thereon, and used the land and buildings for…
1Opinion of the CourtW. Allen, J.
The place kept and used by the defendant for the illegal sale of intoxicating liquor, consisting of a lot of land with detached buildings upon it, was properly described as a tenement. While it may have been divisible into several tenements, it was not so divided, but was used as one tenement and constituted one nuisance, the keeping of which was one offence. The offence was that of which the defendant was convicted in the district court. A conviction upon the same complaint and the same evidence is conclusively of the same offence.
Exceptions overruled.
2Cited by6 opinions
- Reale v. Judges of the Superior CourtMassachusetts Supreme Judicial Court · 1928
- State v. BrownNorth Dakota Supreme Court · 1905
- State v. ShacklefordSupreme Court of Iowa · 1924
- State v. CahalanSupreme Court of Iowa · 1927
- State v. WallaceSupreme Judicial Court of Maine · 1921
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