Commonwealth v. Downey
Massachusetts Supreme Judicial Court
Complaint for keeping and maintaining at Cambridge a “common nuisance, to wit, a tenement situate in said Cambridge ” used for the illegal sale and illegal keeping of intoxicating liquors. Trial in the Superior Court, on appeal, before Hammond, J., who allowed a bill of exceptions in substance as follows.
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Complaint for keeping and maintaining at Cambridge a “common nuisance, to wit, a tenement situate in said Cambridge ” used for the illegal sale and illegal keeping of intoxicating liquors. Trial in the Superior Court, on appeal, before Hammond, J., who allowed a bill of exceptions in substance as follows. There was evidence that the tenement of the defendant was located in a building, a part of which was situated in Cambridge and the remaining part in Somerville, the boundary line between them so running through the building that the tenement was partly in Cambridge and partly in Somerville;…
1Opinion of the CourtField, J.
The testimony of the officers, that the wife of the defendant was seen to enter the kitchen with a pitcher in her hand containing whiskey, which she attempted to throw out of the window, had some tendency to prove that whiskey was kept upon the premises, and, in connection with other evidence, might warrant a finding that it was illegally kept there by the defendant. Commonwealth v. Locke, 145 Mass. 401.
The whole evidence is not set out in the exceptions, and we cannot say that there was a variance. There may have been evidence that the part of the tenement in which the intoxicating liquors…
2Cases cited1 opinion
- Commonwealth v. LockeMassachusetts Supreme Judicial Court · 1888
3Cited by4 opinions
- Commonwealth v. SlavskiMassachusetts Supreme Judicial Court · 1923
- Commonwealth v. SullivanMassachusetts Supreme Judicial Court · 1892
- Commonwealth v. ActonMassachusetts Supreme Judicial Court · 1895
- Commonwealth v. KozlowskyMassachusetts Supreme Judicial Court · 1923