Commonwealth v. Uhrig
Massachusetts Supreme Judicial Court
Indictment for keeping and maintaining a common nuisance, to wit, a certain tenement in Cambridge, used for the illegal sale and illegal keeping of intoxicating liquors, on January 1, 1884, and on divers other days and times between that day and June 5, 1884. Trial in the Superior Court, before Bacon, J., who allowed a bill of exceptions, in substance as follows: The government offered evidence tending to show that the defendant kept an inn called the Prospect House, in…
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Indictment for keeping and maintaining a common nuisance, to wit, a certain tenement in Cambridge, used for the illegal sale and illegal keeping of intoxicating liquors, on January 1, 1884, and on divers other days and times between that day and June 5, 1884. Trial in the Superior Court, before Bacon, J., who allowed a bill of exceptions, in substance as follows: The government offered evidence tending to show that the defendant kept an inn called the Prospect House, in Cambridge; and that on February 17, March 16, and March 23, 1884, each of which days was Sunday, the defendant by his…
1Opinion of the CourtDevens, J.
That the defendant was not entitled to have the ■ instruction requested given in the form presented, is clear, as it would include a case where the defendant was ignorant of the law, and thus violated it unintentionally. But, if not open to this very obvious criticism, it is objectionable on other grounds. It makes no distinction between the master and servant, and treats the act of making an illegal sale, if done by either unintentionally, as involving no criminal responsibility. Guilty knowledge that one is acting in violation of law is not essential to the offence of unlawfully selling…
2Cases cited2 opinions
- Commonwealth v. HallettMassachusetts Supreme Judicial Court · 1869
- Commonwealth v. WentworthMassachusetts Supreme Judicial Court · 1875
3Cited by21 opinions
- Commonwealth v. Beneficial Finance CompanyMassachusetts Supreme Judicial Court · 1971
- Commonwealth v. MixerMassachusetts Supreme Judicial Court · 1910
- Foss v. RobyMassachusetts Supreme Judicial Court · 1907
- Commonwealth v. Liberty Products Co.Superior Court of Pennsylvania · 1924
- Commonwealth v. StevensMassachusetts Supreme Judicial Court · 1891
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