Legal Opinion

Commonwealth v. Lynch

Massachusetts Supreme Judicial Court

Decided January 3, 1894PublishedCited by 2 opinions

Complaint, charging the defendant with maintaining a liquor nuisance in Lynn, between February 1, 1893, and March 31, 1893. Trial in the Superior Court, before Sherman, J., who reported the case, at the defendant’s request, for the determination of this court, in substance as follows.

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Complaint, charging the defendant with maintaining a liquor nuisance in Lynn, between February 1, 1893, and March 31, 1893. Trial in the Superior Court, before Sherman, J., who reported the case, at the defendant’s request, for the determination of this court, in substance as follows. The evidence of the Commonwealth showed that, on March 10, 1893, the defendant, had in his tenement, which was used by him as a dwelling-house for himself and family, thirteen quarts of whiskey in thirteen quart bottles, one lager beer bottle containing lager beer, and one empty beer bottle, kept in the pantry.…

1Opinion of the CourtAllen, J.

Whoever keeps or maintains a building, place, or tenement used for the illegal keeping of intoxicating liquors, is punishable by Pub. Sts. c. 101, §§ 6, 7. Keeping intoxicating liquors for sale is illegal, except when such keeping is authorized by law. Pub. Sts. c. 100, § 1. Cunningham kept in the defendant’s house liquors which he intended to sell without authority of law; hence such keeping of liquors by Cunningham was illegal. The defendant’s house was used by Cunningham for such illegal keeping of liquors. The defendant kept and maintained his house, which was so used with his assent for…

2Cited by2 opinions

  1. Commonwealth v. HayesMassachusetts Supreme Judicial Court · 1896
  2. Commonwealth v. ReedMassachusetts Supreme Judicial Court · 1894

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