Commonwealth v. Manning
Massachusetts Supreme Judicial Court
Complaint to the Second District Court of Eastern Middle-sex, chai’ging that the defendant, on the first day of June, 1894, and “ on divers other days and times between that day and the day of making this complaint [which was the 5th of the following December], at Waltham, in said county of Middlesex, and within the judicial district of said court, unlawfully did expose and keep for sale intoxicating liquor with intent unlawfully to sell the same in this Commonwealth, the…
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Complaint to the Second District Court of Eastern Middle-sex, chai’ging that the defendant, on the first day of June, 1894, and “ on divers other days and times between that day and the day of making this complaint [which was the 5th of the following December], at Waltham, in said county of Middlesex, and within the judicial district of said court, unlawfully did expose and keep for sale intoxicating liquor with intent unlawfully to sell the same in this Commonwealth, the said Patrick F. Manning, not having then and there any license, authority, or appointment according to law then and there…
1Opinion of the CourtAllen, J.
The complaint charges an offence committed during a single period of time, from the day first named to the day of making the complaint. Commonwealth v. Sheehan, 143 Mass. 468. Commonwealth v. Dunn, 111 Mass. 426. Commonwealth v. Hoye, 9 Gray, 292. The negation of authority “ then *549and there ” applies to the whole period. Commonwealth v. McKenney, 14 Gray, 1. Commonwealth v. Boyle, 14 Gray, 3. Commonwealth v. Chisholm, 103 Mass. 213.
Exceptions overruled«,
2Cases cited2 opinions
- Commonwealth v. DunnMassachusetts Supreme Judicial Court · 1873
- Commonwealth v. SheehanMassachusetts Supreme Judicial Court · 1887
3Cited by1 opinion
- United States v. TravellerDistrict Court, D. Alaska · 1923