Commonwealth v. Luddy
Massachusetts Supreme Judicial Court
Complaint to the Third District Court of Eastern Middlesex, alleging that the defendant, on October 8, 1886, at Cambridge, “ unlawfully did sell intoxicating liquors to a man whose name is unknown to said complainant, to be drunk on the premises of said” defendant; “,and said intoxicating liquors were thereupon then and there so drunk by said unknown man on said premises, the said” defendant “not having then and there any license, authority, or appointment according to law…
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Complaint to the Third District Court of Eastern Middlesex, alleging that the defendant, on October 8, 1886, at Cambridge, “ unlawfully did sell intoxicating liquors to a man whose name is unknown to said complainant, to be drunk on the premises of said” defendant; “,and said intoxicating liquors were thereupon then and there so drunk by said unknown man on said premises, the said” defendant “not having then and there any license, authority, or appointment according to law to make such sale of said intoxicating liquors, sold as aforesaid, to be drunk on the said premises as aforesaid.” The…
1Opinion of the CourtDevbns, J.
The motion to quash the complaint should not have been granted. While the defendant was a licensee, holding what is known under the statute as a fourth class license, he was not complained of, in form, for a violation of his license, but for having made a sale of liquors to be drunk on the premises of the defendant, he, the said defendant, “ not having any license, authority, or appointment to make such sale of said intoxicating liquors,” &c., “to be drunk on the said premises as aforesaid.” As by the Pub. Sts. c. 100, § 1, every person is forbidden to sell intoxicating liquor, except as he…
2Cases cited3 opinions
- Commonwealth v. O'BrienMassachusetts Supreme Judicial Court · 1883
- Commonwealth v. RaffertyMassachusetts Supreme Judicial Court · 1882
- McNeil v. CollinsonMassachusetts Supreme Judicial Court · 1880
3Cited by4 opinions
- Hanley v. StateWisconsin Supreme Court · 1905
- Carter v. StateIndiana Supreme Court · 1909
- Blough v. StateIndiana Supreme Court · 1889
- Commonwealth v. BanksMassachusetts Supreme Judicial Court · 1892