Commonwealth v. Carroll
Massachusetts Supreme Judicial Court
Indictment, under the Gen. Sts. c. 87, § 6, for keeping and maintaining a tenement in .Woburn, used for the illegal sale and illegal keeping of intoxicating liquors, the same being a common nuisance. Trial in the Superior Court, before Pitman, J., who allowed a bill of exceptions in substance as follows : The evidence tended to show a sale of several glasses of ale by the defendant’s wife on a single occasion, in his presence.
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Indictment, under the Gen. Sts. c. 87, § 6, for keeping and maintaining a tenement in .Woburn, used for the illegal sale and illegal keeping of intoxicating liquors, the same being a common nuisance. Trial in the Superior Court, before Pitman, J., who allowed a bill of exceptions in substance as follows : The evidence tended to show a sale of several glasses of ale by the defendant’s wife on a single occasion, in his presence. Two quarts of ale were found by the officers in a pail upon the table, and some change by its side, while the defendant was present. An ale barrel was found in the…
1Opinion of the CourtAmes, J.
We find no error in the rulings of the presiding judge. It is true that the dwelling-house was the property of the wife, but it was also the domicil of the family, and as such was under the legal control of the defendant, who was the head of the family. Commonwealth v. Wood, 97 Mass. 225. Commonwealth v. Kennedy, 119 Mass. 211. The statutes which have been passed to enlarge the rights and privileges of married women have made no change in the law in that respect. Commonwealth v. Barry, 115 Mass. 146. Primd facie, the husband *32is able to prevent the wife from making an illegal use of the family…
2Cases cited3 opinions
- Commonwealth v. WoodMassachusetts Supreme Judicial Court · 1867
- Commonwealth v. BarryMassachusetts Supreme Judicial Court · 1874
- Commonwealth v. KennedyMassachusetts Supreme Judicial Court · 1875
3Cited by6 opinions
- State v. RozumNorth Dakota Supreme Court · 1899
- Coolman v. StateIndiana Supreme Court · 1904
- Commonwealth v. PrattMassachusetts Supreme Judicial Court · 1879
- Commonwealth v. HillMassachusetts Supreme Judicial Court · 1887
- Commonwealth v. HelfmanMassachusetts Supreme Judicial Court · 1927
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