Commonwealth v. Kennedy
Massachusetts Supreme Judicial Court
Indictment for keeping and maintaining a tenement used for the illegal sale and keeping of intoxicating liquors on August 1, 1874, and divers other days between that day and September 17, 1874. At the trial in the Superior Court, before ’Wilkinson, J., there was evidence that certain liquors were found in a shop being a portion of the dwelling-house of the defendant’s wife, and that the defendant was seen in the shop or place where the liquors were found ; but there was no…
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Indictment for keeping and maintaining a tenement used for the illegal sale and keeping of intoxicating liquors on August 1, 1874, and divers other days between that day and September 17, 1874. At the trial in the Superior Court, before ’Wilkinson, J., there was evidence that certain liquors were found in a shop being a portion of the dwelling-house of the defendant’s wife, and that the defendant was seen in the shop or place where the liquors were found ; but there was no evidence of sales by the defendant or of his doing anything except being present in the shop and helping the officers to…
1Opinion of the CourtColt, J.
The liquors kept for illegal sale were found in a shop which was a portion of a dwelling-house owned by the de fendant and his wife, who acquired title by a deed in which both were named as grantees. They were therefore both seised of the entirety, and the husband was entitled during coverture to the rents and profits. Shaw v. Hearsey, 5 Mass. 521.
The fact that the wife there carried on an illegal traffic, and that he had no interest in the stock in trade or in the profits, does not alone exempt the defendant from the charge of keeping a tenement for the illegal keeping and sale of…
2Cases cited2 opinions
- Shaw v. HearseyMassachusetts Supreme Judicial Court · 1809
- Commonwealth v. BarryMassachusetts Supreme Judicial Court · 1874
3Cited by4 opinions
- Commonwealth v. HillMassachusetts Supreme Judicial Court · 1887
- Commonwealth v. HelfmanMassachusetts Supreme Judicial Court · 1927
- Commonwealth v. CarrollMassachusetts Supreme Judicial Court · 1878
- Commonwealth v. WalshMassachusetts Supreme Judicial Court · 1895