Commonwealth v. Certain Intoxicating Liquors
Massachusetts Supreme Judicial Court
Complaint on the St. of 1869, c. 415, §§ 44, 45, averring that certain intoxicating liquors were, on May 19, 1874, kept and de posited by John Dewey “ in a certain dwelling-house building situate on Cherry Street, so called, in Northampton, on the northerly side of said street, the same being the second house from Market Street, on said Cherry Street, and occupied by the said Dewey as a dwelling and premises, and a place of common resort is kept therein, and which liquors…
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Complaint on the St. of 1869, c. 415, §§ 44, 45, averring that certain intoxicating liquors were, on May 19, 1874, kept and de posited by John Dewey “ in a certain dwelling-house building situate on Cherry Street, so called, in Northampton, on the northerly side of said street, the same being the second house from Market Street, on said Cherry Street, and occupied by the said Dewey as a dwelling and premises, and a place of common resort is kept therein, and which liquors are intended by said Dewey ” for sale in violation of law. The warrant which issued upon this complaint described the…
1Opinion of the CourtAmes, J.
We see no cause for sustaining the motion to quash. The complaint avers that the liquors were kept in a “ dwelling-house building” (the situation of which is described) occupied by Dewey as a “ dwelling-house and premises.” Though somewhat inartificially expressed, the obvious meaning is that the liquors were kept by him in his dwelling-house. There was no occasion to allege that the place of common resort was kept by him. The charge that he had sold liquors at the house within a month previous was sufficient to justify the issuing of the warrant. Commonwealth v. Intoxicating Liquors, 110…
2Cases cited4 opinions
- Commonwealth v. AyersMassachusetts Supreme Judicial Court · 1874
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1872
- Commonwealth v. HazeltineMassachusetts Supreme Judicial Court · 1871
3Cited by7 opinions
- Commonwealth v. McCluskeyMassachusetts Supreme Judicial Court · 1877
- Commonwealth v. LockeMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. MurphyMassachusetts Supreme Judicial Court · 1891
- Commonwealth v. KahlmeyerMassachusetts Supreme Judicial Court · 1878
- Commonwealth v. VaheyMassachusetts Supreme Judicial Court · 1890
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