Commonwealth v. Coolidge
Massachusetts Supreme Judicial Court
Complaint to the District Court of East Norfolk, for keeping and maintaining a common nuisance, to wit, a certain tenement in Holbrook used for the illegal sale and illegal keeping of intoxicating liquors, on July 1, 1883, and on divers other days and times between that day and April 26, 1884. At the trial in the Superior Court, before Staples J., the government offered evidence tending to show that one Delano and one McNiell went into an apothecary shop kept by the…
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Complaint to the District Court of East Norfolk, for keeping and maintaining a common nuisance, to wit, a certain tenement in Holbrook used for the illegal sale and illegal keeping of intoxicating liquors, on July 1, 1883, and on divers other days and times between that day and April 26, 1884. At the trial in the Superior Court, before Staples J., the government offered evidence tending to show that one Delano and one McNiell went into an apothecary shop kept by the defendant in Holbrook, on July 4, 1883, and asked the defendant for soda; that the defendant asked them what syrup they would…
1Opinion of the Court
By the Court.
It cannot be held, as matter of law, that there was not sufficient evidence in this case to justify the verdict of the jury. While a single sale of intoxicating liquor might not be sufficient evidence to prove that the defendant kept a nuisance under the statute, yet the sale may be made under such circumstances as to indicate that it was made in the course *194of the defendant’s usual business. In this case, it was proved that the defendant kept an apothecary shop, and sold whiskey therein to one Delano; it was for the jury to say whether, from the circumstances of the sale, from…
2Cited by7 opinions
- Commonwealth v. SlavskiMassachusetts Supreme Judicial Court · 1923
- Commonwealth v. HayesMassachusetts Supreme Judicial Court · 1890
- Commonwealth v. WarrenMassachusetts Supreme Judicial Court · 1894
- Commonwealth v. McNeffMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. SheaMassachusetts Supreme Judicial Court · 1893
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