Commonwealth v. Campbell
Massachusetts Supreme Judicial Court
Indictment under the Gen. Sts. c. 87, § 7, charging the defendant with keeping a common nuisance, to wit, a tenement in Northampton used for the illegal keeping and illegal sale of intoxicating liquors, on March 1, 1874, and on other days between that day and May 21, 1874. At the trial in the Superior Court, before Wilkinson, J., Elijah N. Sampson, a state constable, testified that he visited the defendant’s premises on April 7 and 9, and on May 17, that the defendant…
Read the full summary
Indictment under the Gen. Sts. c. 87, § 7, charging the defendant with keeping a common nuisance, to wit, a tenement in Northampton used for the illegal keeping and illegal sale of intoxicating liquors, on March 1, 1874, and on other days between that day and May 21, 1874. At the trial in the Superior Court, before Wilkinson, J., Elijah N. Sampson, a state constable, testified that he visited the defendant’s premises on April 7 and 9, and on May 17, that the defendant occupied three rooms of a tenement on Masonic Street, the front room having a high counter which the witness called a bar, and…
1Opinion of the CourtAmes, J.
The St. of 1869, c. 415, § 35, provides that the delivery of intoxicating liquors, under certain circumstances, shall be deemed primâ facie evidence of a sale. It having been argued on behalf of the prosecution that such liquors had been sold and used, and were kept for sale on the defendant’s premises, it became necessary for the court to instruct the jury, among other things, as to the legal and proper proof of sale. The only objection relied upon by the defendant to the judge’s charge was his refusal to instruct the jury that there was no such evidence of delivery as to bring the case…
2Cases cited2 opinions
- Commonwealth v. Van StoneMassachusetts Supreme Judicial Court · 1867
- Commonwealth v. BerryMassachusetts Supreme Judicial Court · 1872