Commonwealth v. Murphy
Massachusetts Supreme Judicial Court
Complaint to the East Boston District Court, charging the defendant with selling intoxicating liquor to a minor. The only paper transmitted to the Superior Court, on appeal, set forth that at a session of the District Court for the transaction of criminal business, on May 18, 1891, the defendant, “ Walter F. Murphy, of said Boston, trader, is brought before said court by virtue of a warrant in due form of law, issued by said court, under its seal, on the fifteenth day of May…
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Complaint to the East Boston District Court, charging the defendant with selling intoxicating liquor to a minor. The only paper transmitted to the Superior Court, on appeal, set forth that at a session of the District Court for the transaction of criminal business, on May 18, 1891, the defendant, “ Walter F. Murphy, of said Boston, trader, is brought before said court by virtue of a warrant in due form of law, issued by said court, under its seal, on the fifteenth day of May in the year of our Lord one thousand eight hundred and ninety-one, to answer to the Commonwealth of Massachusetts on…
1Opinion of the Court
Allen, j.
By the Pub. Sts. c. 100, § 9, cl. 4, it is provided that no sale or delivery of liquor shall be made on the premises described in the license to a minor, either for his own use, the use of his parent, or of any other person. Under this clause, a complaint charging a sale to a minor is good, without averring a delivery of the liquor to such minor, and without any averment to show whether the sale was for the minor’s own use, or for the use of his parent, or of some other person. Commonwealth v. O'Leary, 143 Mass. 95. Commonwealth v. Fowler, 145 Mass. 398.
The instructions requested…
2Cases cited6 opinions
- Commonwealth v. O'LearyMassachusetts Supreme Judicial Court · 1886
- Commonwealth v. WaitMassachusetts Supreme Judicial Court · 1881
- Commonwealth v. HartMassachusetts Supreme Judicial Court · 1877
- Commonwealth v. LynnMassachusetts Supreme Judicial Court · 1891
- Commonwealth v. BurkeMassachusetts Supreme Judicial Court · 1876
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3Cited by1 opinion
- Commonwealth v. GormanMassachusetts Supreme Judicial Court · 1934