Commonwealth v. Gagne
Massachusetts Supreme Judicial Court
Indictment, under the Pub. Sts. c. 100, § 1, in two counts, alleging that Charles Gagne, at Fall River, on January 23 and 25, 1890, respectively, “unlawfully did expose and keep for sale intoxicating liquors with intent unlawfully to sell the same in this Commonwealth, he, the said Charles Gagne, not having then and there any license, authority, or appointment according to law therefor.”
Read the full summary
Indictment, under the Pub. Sts. c. 100, § 1, in two counts, alleging that Charles Gagne, at Fall River, on January 23 and 25, 1890, respectively, “unlawfully did expose and keep for sale intoxicating liquors with intent unlawfully to sell the same in this Commonwealth, he, the said Charles Gagne, not having then and there any license, authority, or appointment according to law therefor.” In the Superior Court, before the jury were impanelled, the defendant moved to quash the indictment for the following reasons : “ 1. Because said indictment does not state or charge any offence known to the…
1Opinion of the Court
By the Count.
The following opinion was written by Mr. Justice Deyens, and after his death was adopted as the opinion of the court by the Justices who sat with him at the argument.
It is the contention of the defendant that chapter 100 of the Public Statutes, under which he was indicted, is unconstitutional, because there is no express exception to the prohibition strictly forbidding the sale of intoxicating liquors, except as authorized in that chapter, of liquors sold in the original packages as they are imported from other States. The defendant further contends, that, if the statute could be…
2Cases cited9 opinions
- Leisy v. HardinSupreme Court of the United States · 1890
- Thurlow v. MassachusettsSupreme Court of the United States · 1847
- People Ex Rel. City of Rochester v. BriggsNew York Court of Appeals · 1872
- Tiernan v. RinkerSupreme Court of the United States · 1880
- Cargill v. PowerMichigan Supreme Court · 1850
4 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Standard Oil Co. v. StateTennessee Supreme Court · 1906
- Robert Dollar Co. v. Canadian Car & Foundry Co.New York Court of Appeals · 1917
- The People v. GouldIllinois Supreme Court · 1931
- State v. SmileySupreme Court of Kansas · 1902
- People ex rel. Akin v. Butler Street Foundry & Iron Co.Illinois Supreme Court · 1903
28 more not listed; retrieve them via the Exa API.