Commonwealth v. Eaton
Massachusetts Supreme Judicial Court
The indictment against the defendant set forth, that, without a license, he “ did presume to be a common seller of rum and other strong liquors by retail, and in his shop” did “ commonly and publicly sell and utter by retail, and did cause to be sold and uttered, by retail, rum and other strong liquors to divers good citizens,” &c. The defendant, having pleaded not guilty and been convicted in the Common Pleas, appealed to this Court.
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The indictment against the defendant set forth, that, without a license, he “ did presume to be a common seller of rum and other strong liquors by retail, and in his shop” did “ commonly and publicly sell and utter by retail, and did cause to be sold and uttered, by retail, rum and other strong liquors to divers good citizens,” &c. The defendant, having pleaded not guilty and been convicted in the Common Pleas, appealed to this Court. It was agreed by the parties, that the defendant, at the time alleged, did keep a small shop in which he sold pies, nuts, and gingerbread, and did there keep to…
1Per curiam
It seems to us that the indictment is sufficient. The allegation that the defendant presumed to be a common seller, by retail, is enough, without alleging that the quantity was less than twenty-eight gallons. That may be deemed the legislative definition of the term retail; and it is matter of evidence for the defendant, to show that the quantities which he sold were not less. It is like the case of the Commonwealth v. Messenger, 4 Mass. R. 462, a prosecution for a violation of the statute for the due observation of the Lord’s day ; in which the allegation, that the defendant worked on the…
2Cases cited1 opinion
- Commonwealth v. MessengerMassachusetts Supreme Judicial Court · 1808