Flaherty v. Thomas
Massachusetts Supreme Judicial Court
Habeas corpus to the sheriff of Norfolk. By the return of the sheriff, and the copies annexed thereto, it appeared that the prisoner was convicted at September term 1865, of the superior court for the county of Norfolk, of keeping and maintaining a tenement used for the illegal sale and illegal keeping of intoxicating liquors, and on the 31st of May 1866 was sentenced to be punished by confinement at hard labor for one year in the house of correction for that county ; in…
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Habeas corpus to the sheriff of Norfolk. By the return of the sheriff, and the copies annexed thereto, it appeared that the prisoner was convicted at September term 1865, of the superior court for the county of Norfolk, of keeping and maintaining a tenement used for the illegal sale and illegal keeping of intoxicating liquors, and on the 31st of May 1866 was sentenced to be punished by confinement at hard labor for one year in the house of correction for that county ; in pursuance of which sentence he was held in custody. The statutes of the Commonwealth upon which the questions in this case…
1Opinion of the CourtGray, J.
After full consideration of the arguments which have been submitted at the bar and in- writing, and much thought and consultation, the impression made upon every member of the court at the hearing is confirmed, and the court is unanimously of opinion that the sentence was not warranted by law.
The Gen. Sts. c. 87, § 7, as amended by the St. of 1865, c. 269, § 1, provide that whoever keeps or maintains a building, place or tenement, resorted to for prostitution, ewdness or illegal gaming, or used for the illegal keeping or illegal sale of intoxicating liquors, shall be punished, on conviction,…
2Cases cited3 opinions
- Norris v. CrockerSupreme Court of the United States · 1852
- Hartung v. . the PeopleNew York Court of Appeals · 1860
- Hartung v. . the PeopleNew York Court of Appeals · 1862