Commonwealth v. McCluskey
Massachusetts Supreme Judicial Court
Indictment on the Gen. Sts. At the trial in the Superior Court, before Brigham, C. J., it appeared that the two counts were for separate offences, and referred to separate buildings, and the defendant requested the judge to direct that he be tried separately upon each count. But the judge directed that the trial proceed upon both counts together.
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Indictment on the Gen. Sts. At the trial in the Superior Court, before Brigham, C. J., it appeared that the two counts were for separate offences, and referred to separate buildings, and the defendant requested the judge to direct that he be tried separately upon each count. But the judge directed that the trial proceed upon both counts together. It appeared in evidence that the tenement referred to in the first count was the lower floor of a building No. 4 Pearl Street, which was fitted up as a saloon for the sale of liquor, with a bar and other paraphernalia of the trade; and that this…
1Opinion of the CourtAmes, J.
It was proved at the trial that the defendant kept a saloon for the sale of intoxicating liquors in the building- described as No. 4, and it is conceded that he was propeily convicted of the charge contained in the first count. To convict him upon the second, it was necessary to prove that the liquors found in the other building were kept by him for illegal sale. In that case it would be immaterial that they were not intended to be sold in the building where they were found. Commonwealth v. Intoxicating Liquors, 116 Mass. 24. Commonwealth v. Intoxicating Liquors, 116 Mass. 27. Both the place…
2Cases cited3 opinions
- Commonwealth v. CainMassachusetts Supreme Judicial Court · 1869
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1874
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1874
3Cited by10 opinions
- Commonwealth v. BishopMassachusetts Supreme Judicial Court · 1896
- Commonwealth v. BickumMassachusetts Supreme Judicial Court · 1891
- Commonwealth v. KozlowskyMassachusetts Supreme Judicial Court · 1923
- Commonwealth v. MurphyMassachusetts Supreme Judicial Court · 1891
- Commonwealth v. D'AmicoMassachusetts Supreme Judicial Court · 1926
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