Commonwealth v. Gillon
Massachusetts Supreme Judicial Court
Complaint to the “ Municipal Court of the Dorchester district of the city of Boston holden at said district for the transaction of criminal business within the county of Suffolk,” alleging that the defendant, on February 12, 1888, “ at Boston aforesaid and within the judicial district of said court, unlawfully did expose and keep for sale intoxicating liquors, with intent unlawfully to sell the same in this Commonwealth, the said Gillon not having then and there any…
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Complaint to the “ Municipal Court of the Dorchester district of the city of Boston holden at said district for the transaction of criminal business within the county of Suffolk,” alleging that the defendant, on February 12, 1888, “ at Boston aforesaid and within the judicial district of said court, unlawfully did expose and keep for sale intoxicating liquors, with intent unlawfully to sell the same in this Commonwealth, the said Gillon not having then and there any license,” &c. In the Superior Court, on appeal, before the jury was impanelled the defendant for the first time filed a motion…
1Opinion of the CourtField, J.
The only alleged defect in the complaint which could be called substantial, if it were a defect, is that there is no allegation “ of any intent illegally to sell said intoxicating liquors within the Dorchester district,” but the allegation is of an “intent unlawfully to sell the same in this Commonwealth.” The unlawful keeping of intoxicating liquors for sale is equally an offence, whether the intent is unlawfully to sell them at the place where they are kept, or at other places in the Commonwealth.
The testimony of Perry, that he saw in the kitchen “ seven men, five sitting around a table and…
2Cases cited2 opinions
- Commonwealth v. LockeMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. McHughMassachusetts Supreme Judicial Court · 1888
3Cited by6 opinions
- Commonwealth v. SlavskiMassachusetts Supreme Judicial Court · 1923
- Carleton v. RuggMassachusetts Supreme Judicial Court · 1889
- Commonwealth v. SullivanMassachusetts Supreme Judicial Court · 1892
- Commonwealth v. McNeeseMassachusetts Supreme Judicial Court · 1892
- Commonwealth v. ActonMassachusetts Supreme Judicial Court · 1895
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