Commonwealth v. Tay
Massachusetts Supreme Judicial Court
Complaint to the First District Court of Eastern Middlesex, alleging that Charles O. Tay and Frank J. Daley, on January 15,1887, “ did expose and keep for sale intoxicating liquors, with intent unlawfully to sell the same in this Commonwealth,” at Stoneham, without any “ license, authority, or appointment.”
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Complaint to the First District Court of Eastern Middlesex, alleging that Charles O. Tay and Frank J. Daley, on January 15,1887, “ did expose and keep for sale intoxicating liquors, with intent unlawfully to sell the same in this Commonwealth,” at Stoneham, without any “ license, authority, or appointment.” At the trial in the Superior Court, on appeal, before Hammond, J., the complainant testified for the government that Daley kept a saloon on Central Street, wherein were cigars, tobacco, and light drinks; that he had a search-warrant, and on January 15, 1887, searched the saloon and a barn…
1Opinion of the CourtC. Allen, J.
The defendants merely present a brief, which is very short, and does not show in detail the grounds on which he relies in support of his exceptions. The judge ruled that there was no evidence to warrant a conviction upon the ground of exposure for sale. But the complaint was well supported by proof of keeping for sale. Commonwealth v. Atkins, 136 Mass. 160. Commonwealth v. Welch, 140 Mass. 372. The averment of exposure might have been omitted. Commonwealth v. Sprague, 128 Mass. 75. Commonwealth v. Peto, 136 Mass. 155. The judge having correctly instructed the jury upon the true interpretation…
2Cases cited5 opinions
- Commonwealth v. AtkinsMassachusetts Supreme Judicial Court · 1883
- Commonwealth v. PetoMassachusetts Supreme Judicial Court · 1883
- Commonwealth v. WelchMassachusetts Supreme Judicial Court · 1886
- Underhill v. Agawam Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850
- Commonwealth v. SpragueMassachusetts Supreme Judicial Court · 1880
3Cited by5 opinions
- Commonwealth v. AhernMassachusetts Supreme Judicial Court · 1917
- Lyles v. StateCourt of Appeals of Maryland · 1967
- Commonwealth v. BurnsMassachusetts Supreme Judicial Court · 1897
- Commonwealth v. MeskillMassachusetts Supreme Judicial Court · 1896
- Commonwealth v. LacourseMassachusetts Supreme Judicial Court · 1926