Commonwealth v. Petranich
Massachusetts Supreme Judicial Court
Indictment, found June .7, 1902, charging that Antonio Petranich on April 23, 1902, at Boston, “ unlawfully did sell intoxicating liquors to one Frank Dingee, the said Petranich not having then and there any license, authority or appointment according to law to make such sale.”
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Indictment, found June .7, 1902, charging that Antonio Petranich on April 23, 1902, at Boston, “ unlawfully did sell intoxicating liquors to one Frank Dingee, the said Petranich not having then and there any license, authority or appointment according to law to make such sale.” At the trial in the Superior Court before Harris, J., it appeared, that the wine sold by the defendant was manufactured by the defendant and his partner at Fredonia, in the State of New York, from grapes raised by them there. A motion to quash the indictment was denied. The jury returned a verdict of guilty; and the…
1Opinion of the CourtKnowlton, C. J.
This is an indictment for a sale of intoxicating liquor without a license, in violation of the R. L. c. 100, § 1. One of the grounds of the defendant’s motion to quash is that the indictment does not sufficiently negative the defendant’s right to make the sale,' inasmuch as it does not allege that the liquor was not native wine or cider manufactured in this Commonwealth. The indictment is in a form approved by many decisions of this court, and it sufficiently alleges the illegality of the sale. Commonwealth v. Clapp, 5 Gray, 97. Commonwealth v. Fredericks, 119 Mass. 199. Commonwealth v.…
2Cases cited16 opinions
- Leisy v. HardinSupreme Court of the United States · 1890
- Welton v. MissouriSupreme Court of the United States · 1876
- In Re RahrerSupreme Court of the United States · 1891
- Railroad Co. v. HusenSupreme Court of the United States · 1878
- Walling v. MichiganSupreme Court of the United States · 1886
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3Cited by30 opinions
- Bowe v. Secretary of CommonwealthMassachusetts Supreme Judicial Court · 1946
- Ashley v. Three Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1917
- Commonwealth v. ChouMassachusetts Supreme Judicial Court · 2001
- Commonwealth v. HanaMassachusetts Supreme Judicial Court · 1907
- Commonwealth v. BrownMassachusetts Supreme Judicial Court · 2013
25 more not listed; retrieve them via the Exa API.