Legal Opinion

Commonwealth v. Brown

Massachusetts Supreme Judicial Court

Decided March 25, 1878PublishedCited by 11 opinions

Complaint on the Gen. Sts. e. 87, §§ 6, 7, for keeping and maintaining on August 31,1877, and on divers other days between that day and the date of the complaint, a certain tenement in Haverhill, used for the illegal sale and illegal keeping of intoxicating liquors, the same being a common nuisance.

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Complaint on the Gen. Sts. e. 87, §§ 6, 7, for keeping and maintaining on August 31,1877, and on divers other days between that day and the date of the complaint, a certain tenement in Haverhill, used for the illegal sale and illegal keeping of intoxicating liquors, the same being a common nuisance. At the trial in the Superior Court, before Pitman, J., one Palmer, a police officer of Haverhill, called as a witness for the government, testified that he went into the defendant’s shop on August 31, and saw the defendant behind the bar or counter, and another person standing in front of the bar;…

1Opinion of the CourtAmes, J.

The written paper in question was hanging upon the wall, and there was no physical difficulty in producing it in *319court. But it was not a contract, or record; nor was it admitted as a written instrument capable of conveying any property or right to the defendant. It was not even offered for the purpose of proving that he had procured a United States license in fact, but that he professed to have done so. As a part of the description of the place, and of the manner in which it was fitted up, tii 3 witnesses might lawfully describe the various placards or handbills posted or hanging on the wall;…

2Cases cited1 opinion

  1. Commonwealth v. PowersMassachusetts Supreme Judicial Court · 1874

3Cited by11 opinions

  1. Davidson v. StateTennessee Supreme Court · 1969
  2. Commonwealth v. StevensMassachusetts Supreme Judicial Court · 1892
  3. People v. JoyceAppellate Court of Illinois · 1910
  4. In Re SouzaCalifornia Court of Appeal · 1923
  5. State v. PappasWashington Supreme Court · 1938

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