Commonwealth v. Ayers
Massachusetts Supreme Judicial Court
Complaint under the Gen. Sts. c. 87, §§ 6, 7, charging that the defendant did on July 30, 1873, and on divers other days between that day, and January 30, 1874, keep and maintain a certain tenement In Boston, “ used for the illegal sale and illegal keeping of intoxicating liquors,” whereby the same was a common nuisance.
Read the full summary
Complaint under the Gen. Sts. c. 87, §§ 6, 7, charging that the defendant did on July 30, 1873, and on divers other days between that day, and January 30, 1874, keep and maintain a certain tenement In Boston, “ used for the illegal sale and illegal keeping of intoxicating liquors,” whereby the same was a common nuisance. Trial in the Superior Court, before Wilkinson, J., who allowed the following bill of exceptions : “At the trial, to prove that the defendant kept the tenement mentioned in the complaint, the Commonwealth offered in evidence the record of the Municipal Court for the city of…
1Opinion of the Court
By the Court.
The complaint charges the defendant with keeping and maintaining a nuisance on July 30, 1873, and on divers other days and times between that day and January 30, 1874. One of the essential points to be proved is the keeping of the shop. An admission that the defendant kept the shop open on any day during this time is "competent evidence against him. A plea of guilty to a complaint charging him with keeping it open is such an admission in the most solemn form. The only question here is as to the time to which the admission relates. The bill of exceptions states that it is January…
2Cited by7 opinions
- Commonwealth v. DevlinMassachusetts Supreme Judicial Court · 1957
- Morrissey v. PowellMassachusetts Supreme Judicial Court · 1939
- Commonwealth v. HaywoodMassachusetts Supreme Judicial Court · 1923
- Hollibaugh v. HehnWyoming Supreme Court · 1905
- Arsenault v. CommonwealthMassachusetts Supreme Judicial Court · 1968
2 more not listed; retrieve them via the Exa API.