Legal Opinion

Commonwealth v. Mitchell

Massachusetts Supreme Judicial Court

Decided June 16, 1874PublishedCited by 3 opinions

Indictment.under the Gen. Sts. c. 87, §§ 6, 7, charging the defendant with keeping a common nuisance, to wit, a tenement in the city of Boston, used for the illegal sale and illegal keeping for sale of intoxicating liquors, on the sixth day of January, 1874, and for six months next preceding said sixth day of January.

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Indictment.under the Gen. Sts. c. 87, §§ 6, 7, charging the defendant with keeping a common nuisance, to wit, a tenement in the city of Boston, used for the illegal sale and illegal keeping for sale of intoxicating liquors, on the sixth day of January, 1874, and for six months next preceding said sixth day of January. At the trial in the Superior Court, before Wilkinson, J., the government offered evidence tending to show that the defendant was in the tenement on October 17,1873, and on January 3,1874, but there was no evidence that the defendant kept said place subsequent to January 3, 1874,…

1Opinion of the Court

By the Court.

Proof that the defendant kept and maintained the tenement for the illegal sale of intoxicating liquors, during any part of the time named in the indictment, warranted a conviction. The instructions given were correct. Commonwealth v. Wood, 4 Gray, 11. Wells v. Commonwealth, 12 Gray, 326. Commonwealth v. Higgins, 16 Gray, 19. Commonwealth v. Gallagher, 1 Allen. 592. Commonwealth v. Cogan, 107 Mass. 212. Exceptions overruled.

2Cases cited1 opinion

  1. Commonwealth v. CoganMassachusetts Supreme Judicial Court · 1871

3Cited by3 opinions

  1. Nace v. StateIndiana Supreme Court · 1889
  2. State v. KapicskySupreme Judicial Court of Maine · 1909
  3. Commonwealth v. RooneyMassachusetts Supreme Judicial Court · 1886

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