Commonwealth v. Bennett
Massachusetts Supreme Judicial Court
The first case was a complaint made to the municipal court of the city of Worcester on July 25, 1870, that on July 4, 1870, the defendant, at that city, “ without any authority therefor, did keep intoxicating liquor with intent to sell the same” in this Commonwealth.
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The first case was a complaint made to the municipal court of the city of Worcester on July 25, 1870, that on July 4, 1870, the defendant, at that city, “ without any authority therefor, did keep intoxicating liquor with intent to sell the same” in this Commonwealth. He was adjudged guilty thereon, and appealed to the superior court, where the case was tried together with the second case, which was an Indictment on the Gen. Sts. e. 87, §§ 6, 7, found and returned at August term 1870 of the superior court, of the same defendant for keeping and maintaining in the city of Worcester on April 1,…
1Opinion of the CourtMorton, J.
These two cases were argued together. The
first is a complaint for keeping intoxicating liquor with intent to sell in violation of law; the other is an indictment for keeping and maintaining a tenement used for the illegal sale and keeping of intoxicating liquor.
1. The court in substance ruled, that the defendant might be convicted on the complaint, upon proof that, on July 4, 1870, he kept ale with intent to sell it in violation of the St. of 1869, e. 415, §§ 31, 36. The question is, as to the correctness of this ruling.
The St. of 1870, c. 389, which repealed the provisions of the statute of…
2Cases cited1 opinion
- Commonwealth v. CarpenterMassachusetts Supreme Judicial Court · 1868
3Cited by6 opinions
- Commonwealth v. John Dowdican's BailMassachusetts Supreme Judicial Court · 1874
- Pittsley v. DavidMassachusetts Supreme Judicial Court · 1937
- Commonwealth v. BenoitMassachusetts Supreme Judicial Court · 1963
- Nayor v. Rent Board of BrooklineMassachusetts Supreme Judicial Court · 1956
- Sacramento Terminal Co. v. McDougallCalifornia Court of Appeal · 1912
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