Commonwealth v. Kiley
Massachusetts Supreme Judicial Court
Complaint for the sale, on March 7, 1889, of intoxicating liquors. Trial in the Superior Court, before Pitman, J., who reported the case for the determination of this court, in substance as follows. The defendant, in making the sale in question, acted as the bar-keeper of one Powderly, who was duly licensed to sell intoxicating liquors by a license covering the date of the sale.
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Complaint for the sale, on March 7, 1889, of intoxicating liquors. Trial in the Superior Court, before Pitman, J., who reported the case for the determination of this court, in substance as follows. The defendant, in making the sale in question, acted as the bar-keeper of one Powderly, who was duly licensed to sell intoxicating liquors by a license covering the date of the sale. On December 12,1888, Powderly was found guilty by a verdict of the jury at a trial in the Superior Court, on an appeal from a district court, on a complaint charging him with maintaining a common nuisance during a…
1Opinion of the CourtKnowlton, J.
In Commonwealth v. Gorham, 99 Mass. 420, 422, it was said that “ the term ‘ conviction’ is used in at least two different senses in our statutes. In its most common use it signifies the finding of the jury that the prisoner is guilty ; but it is very frequently used as implying a judgment and sentence of the court upon a verdict or confession of guilt.” The statutes referred to in that case fully sustain the statement in the opinion. ■
The St. of 1887, c. 392, provides that “the conviction by a court of competent jurisdiction of a person licensed under the provisions of chapter one hundred of…
2Cases cited1 opinion
- Commonwealth v. GorhamMassachusetts Supreme Judicial Court · 1868
3Cited by34 opinions
- Attorney General v. PelletierMassachusetts Supreme Judicial Court · 1922
- People v. . FabianNew York Court of Appeals · 1908
- Pino v. Nicolls (Two Cases)Court of Appeals for the First Circuit · 1954
- People Ex Rel. Marcley v. LawesNew York Court of Appeals · 1930
- State v. CartwrightOregon Supreme Court · 1966
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