Commonwealth v. Moore
Massachusetts Supreme Judicial Court
Complaint for keeping and maintaining a common nuisance, - to wit, a certain tenement in New Bedford, used for the illegal sale and illegal keeping of intoxicating liquors, on April 1,1886, and on divers other days and times between that day and May 22, 1886. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows: The defendant was a licensed innholder, and also held a license of the first class for the sale of…
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Complaint for keeping and maintaining a common nuisance, - to wit, a certain tenement in New Bedford, used for the illegal sale and illegal keeping of intoxicating liquors, on April 1,1886, and on divers other days and times between that day and May 22, 1886. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows: The defendant was a licensed innholder, and also held a license of the first class for the sale of intoxicating liquors during the time charged in the complaint, which license contained the provision of the statute in regard to…
1Opinion of the CourtMorton, C. J.
The instructions given were appropriate and sufficient.
The case made by the government was that the defendant sold intoxicating liquors on the Lord’s day to several persons who wént into his premises for the purpose of procuring and drinking liquor. Such persons were not guests within the meaning of the statute, and there was no occasion to instruct the jury, as requested by the defendant, as to the rights of an innholder to sell to his guests. Commonwealth v. Hagan, 140 Mass. 289.
The instructions requested as to curtains were properly refused. If the defendant placed or maintained curtains…
2Cases cited3 opinions
- Commonwealth v. WorcesterMassachusetts Supreme Judicial Court · 1886
- Commonwealth v. HaganMassachusetts Supreme Judicial Court · 1885
- Commonwealth v. RourkeMassachusetts Supreme Judicial Court · 1886
3Cited by3 opinions
- Commonwealth v. McDonnoughMassachusetts Supreme Judicial Court · 1890
- Commonwealth v. ReganMassachusetts Supreme Judicial Court · 1902
- Cake v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1909