Legal Opinion

Commonwealth v. Kelley

Massachusetts Supreme Judicial Court

Decided November 5, 1874PublishedCited by 7 opinions

Indictment on the Gen. Sts. c. 87, §§ 6, 7, charging the defendant with keeping á common nuisance, to wit, a tenement in Danvers, used for the illegal sale and illegal keeping of intoxicating liquors, on June 1, 1874, and on divers other days between that day and October 19, 1874. At the trial in the Superior Court, before Allen, J., the government, to prove that the defendant was keeper of the house in question, asked a witness if he saw the defendant at the house before…

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Indictment on the Gen. Sts. c. 87, §§ 6, 7, charging the defendant with keeping á common nuisance, to wit, a tenement in Danvers, used for the illegal sale and illegal keeping of intoxicating liquors, on June 1, 1874, and on divers other days between that day and October 19, 1874. At the trial in the Superior Court, before Allen, J., the government, to prove that the defendant was keeper of the house in question, asked a witness if he saw the defendant at the house before June 1, 1874. This was objected to, but the witness was allowed to answer that he saw the defendant at said house on April…

1Opinion of the Court

By the Court.

The evidence objected to was competent upon the question whether the defendant kept the house at the time alleged in the indictment. Commonwealth v. Stoehr, 109 Mass. 365. Commonwealth v. Dearborn, Ib. 368.

Exceptions overruled.

2Cases cited1 opinion

  1. Commonwealth v. StoehrMassachusetts Supreme Judicial Court · 1872

3Cited by7 opinions

  1. State v. PlunkettSupreme Judicial Court of Maine · 1874
  2. Commonwealth v. ClarkMassachusetts Supreme Judicial Court · 1887
  3. Commonwealth v. McNeffMassachusetts Supreme Judicial Court · 1888
  4. Commonwealth v. NeylonMassachusetts Supreme Judicial Court · 1893
  5. Commonwealth v. SheaMassachusetts Supreme Judicial Court · 1893

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