Commonwealth v. Purcell
Massachusetts Supreme Judicial Court
Complaint, alleging that the defendant from July 1, 1890, to August 18, 1890, at Cheshire, “ did keep and maintain a certain place, to wit, a hotel there situate, then and there . . . used for the illegal sale and for the illegal keeping of intoxicating liquors, said "place, so used as aforesaid, being then and there ... a common nuisance.”
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Complaint, alleging that the defendant from July 1, 1890, to August 18, 1890, at Cheshire, “ did keep and maintain a certain place, to wit, a hotel there situate, then and there . . . used for the illegal sale and for the illegal keeping of intoxicating liquors, said "place, so used as aforesaid, being then and there ... a common nuisance.” Trial in the Superior Court, before Barher, J., who, after a verdict of guilty, allowed a bill of exceptions, which, so far as material to the point decided, appear in the opinion.
1Opinion of the CourtAllen, J.
By the Pub. Sts. c. 101, § 6, “ all buildings, places, or tenements . . . used for the illegal keeping or sale of intox*389icating liquor, shall be deemed common nuisances.” The complaint against the defendant charged that during a specified time he kept and maintained “ a certain place, to wit, a hotel,” used for that purpose. The objection taken on the part of the defendant is that a hotel or other building cannot be considered as a “place” within the meaning of the statute; that therefore the complaint in this particular is repugnant to itself, and that proof of keeping the hotel for the…
2Cited by4 opinions
- Chase v. Proprietors of the Revere HouseMassachusetts Supreme Judicial Court · 1919
- Reale v. Judges of the Superior CourtMassachusetts Supreme Judicial Court · 1928
- Commonwealth v. KaneMassachusetts Supreme Judicial Court · 1899
- Inhabitants of Brookline v. HatchMassachusetts Supreme Judicial Court · 1897