Commonwealth v. Sullivan
Massachusetts Supreme Judicial Court
Indictment, charging the defendant, on January 1, 1892, and divers other days between that day and the first Monday of April, 1892, with keeping a common nuisance, a tenement at Weymouth, used for the selling and keeping for sale of intoxicating liquors.
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Indictment, charging the defendant, on January 1, 1892, and divers other days between that day and the first Monday of April, 1892, with keeping a common nuisance, a tenement at Weymouth, used for the selling and keeping for sale of intoxicating liquors. In the Superior Court, the defendant, before pleading, filed a plea in bar, alleging that he was once tried and acquitted in a court having jurisdiction of the same offence set forth in this indictment, and the District Attorney filed a replication. The identity of the defendant and the identity of the offence were agreed to by the District…
1Opinion of the CourtKnowlton, J.
It is well settled that a district court or a trial justice may either try and acquit, or convict, a person charged with the offence of keeping a tenement for the illegal keeping or illegal sale of intoxicating liquors, or may examine the case for the purpose of determining whether there is probable cause to believe him guilty, and, if so, may order him to recognize for his appearance before the Superior Court. Pub. Sts. c. 101, §§ 6, 7; c. 154, § 18. Commonwealth v. Harris, 8 Gray, 470. Commonwealth v. Hamilton, 129 Mass. 479. Whether in a particular case the court took jurisdiction, or…
2Cases cited4 opinions
- Commonwealth v. HamiltonMassachusetts Supreme Judicial Court · 1880
- Commonwealth v. GillonMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. DowneyMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. McHughMassachusetts Supreme Judicial Court · 1888
3Cited by18 opinions
- Corey v. CommonwealthMassachusetts Supreme Judicial Court · 1973
- Commonwealth v. SheaMassachusetts Supreme Judicial Court · 1948
- MaldonadoMassachusetts Supreme Judicial Court · 1973
- Commonwealth v. MahoneyMassachusetts Supreme Judicial Court · 1954
- In re OxleyNevada Supreme Court · 1915
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