Commonwealth v. Bossidy
Massachusetts Supreme Judicial Court
Indictment on Gen. Sts. c. 87, § 9, against the awrier of a building for omitting, after due notice, to take all reasonable measures to eject therefrom a tenant who used the building for the illegal keeping and sale of intoxicating liquors.
Read the full summary
Indictment on Gen. Sts. c. 87, § 9, against the awrier of a building for omitting, after due notice, to take all reasonable measures to eject therefrom a tenant who used the building for the illegal keeping and sale of intoxicating liquors. At the trial the district attorney entered a nolle prosequi as to the first and second counts, and after a verdict of guilty upon the third count, the case was by consent of parties reported to this court by Pitman, J., for its decision upon the question whether there was a variance between the indictment and the proof.
1Opinion of the Court
MobtOít, J.
The third count of the indictment alleges that the defendant was the owner of “a certain tenement and building situate in said Lee on the easterly side of Main Street so called, and situated and being the first tenement and building then and there south of the Catholic church edifice;” that he let “said tenement and building” to John McCabe; that the said McCabe used “ said tenement and building ” for the illegal sale of intoxicating liquor, and that the defendant, after due notice of such use, “ did omit to take all reasonable measures to eject from said tenement and building the…
2Cited by7 opinions
- Commonwealth v. ChurchillMassachusetts Supreme Judicial Court · 1883
- Reale v. Judges of the Superior CourtMassachusetts Supreme Judicial Court · 1928
- State v. SandersSupreme Court of Kansas · 1910
- Commonwealth v. ColemanMassachusetts Supreme Judicial Court · 1903
- Commonwealth v. KaneMassachusetts Supreme Judicial Court · 1899
2 more not listed; retrieve them via the Exa API.