Commonwealth v. Murphy
Massachusetts Supreme Judicial Court
Complaint to the Police Court of Gloucester, against Michael J. Murphy and David C. Godfrey, for keeping and maintaining a common nuisance, to wit, a certain tenement in Gloucester, used for the illegal sale and illegal keeping of intoxicating liquors, on October 1, 1885, and on divers other days and times between that day and March 26, 1886. At the trial in the Superior Court, on appeal, before Hammond, J., evidence was introduced showing that both defendants had been seen…
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Complaint to the Police Court of Gloucester, against Michael J. Murphy and David C. Godfrey, for keeping and maintaining a common nuisance, to wit, a certain tenement in Gloucester, used for the illegal sale and illegal keeping of intoxicating liquors, on October 1, 1885, and on divers other days and times between that day and March 26, 1886. At the trial in the Superior Court, on appeal, before Hammond, J., evidence was introduced showing that both defendants had been seen in and about the premises in question. The defendants contended that one defendant was in the employ of the other; and…
1Opinion of the CourtHolmes, J.
The jury may fairly have understood that they were instructed to convict the defendant Godfrey, although they *251should find that Murphy was the sole proprietor, and that Godfrey’s assistance was only that of a servant, rendered in Murphy’s presence, and without exercising any kind of control over the premises. The case therefore falls within Commonwealth v. Galligan, 144 Mass. 171, which was decided after the ruling excepted to. See also Commonwealth v. Churchill, 136 Mass. 148, 151. This is the only exception argued, and is admitted not to affect the defendant Murphy.
Exceptions of Q-odfrey…
2Cases cited2 opinions
- Commonwealth v. ChurchillMassachusetts Supreme Judicial Court · 1883
- Commonwealth v. GalliganMassachusetts Supreme Judicial Court · 1887
3Cited by7 opinions
- Commonwealth v. BradyMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. BurnsMassachusetts Supreme Judicial Court · 1897
- State v. GravelinSupreme Court of Rhode Island · 1889
- Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1891
- Commonwealth v. MerriamMassachusetts Supreme Judicial Court · 1889
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