Commonwealth v. Lewis
Massachusetts Supreme Judicial Court
Complaint to the Third District Court of Bristol, charging that the defendant “ unlawfully did keep intoxicating liquor with intent unlawfully to sell the same in this Commonwealth, he the said Lewis not being then and there authorized to sell the same in this Commonwealth by any legal authority whatever.”
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Complaint to the Third District Court of Bristol, charging that the defendant “ unlawfully did keep intoxicating liquor with intent unlawfully to sell the same in this Commonwealth, he the said Lewis not being then and there authorized to sell the same in this Commonwealth by any legal authority whatever.” In the Superior Court, on appeal, before the jury were empanelled, the defendant for the first time moved to dismiss the complaint for the following reasons : “ 1. Because it is nowhere alleged in said complaint that the defendant was not authorized to keep spirituous or intoxicating liquor…
1Opinion of the Court
By the Court.
The motion to dismiss was for matter of form, and not of substance, and could not be made for the first Lime in the Superior Court on appeal. St. 1864, c. 250, § 2. Green & Simpson v. Commonwealth, 111 Mass. 417. Commonwealth v. Legassy, 113 Mass. 10, Exceptions overruled.
2Cases cited2 opinions
- Green v. CommonwealthMassachusetts Supreme Judicial Court · 1873
- Commonwealth v. LegassyMassachusetts Supreme Judicial Court · 1873