Commonwealth v. Rafferty
Massachusetts Supreme Judicial Court
Complaint to the First District Court of Eastern Middle-sex, for keeping and maintaining a common nuisance, to wit, a certain tenement in Stonekam used for the illegal sale and illegal keeping of intoxicating liquors, on March 1, 1881, and on divers other days and times between that day and July 11, 1881. At the trial in the Superior Court, before Brigham, C. J., the government proved sales of whiskey in said March, and sales of beer during the time covered by the complaint.
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Complaint to the First District Court of Eastern Middle-sex, for keeping and maintaining a common nuisance, to wit, a certain tenement in Stonekam used for the illegal sale and illegal keeping of intoxicating liquors, on March 1, 1881, and on divers other days and times between that day and July 11, 1881. At the trial in the Superior Court, before Brigham, C. J., the government proved sales of whiskey in said March, and sales of beer during the time covered by the complaint. It was agreed by the government that the defendant had a license to sell liquors, which was in force on March 1, 1881,…
1Opinion of the CourtC. Allen, J.
Under the Pub. Sts. c. 214, § 12,* when acts apparently criminal have been proved in support of an indictment, and the defendant relies upon a license as a justification, the duty rests on him of proving a license which is broad enough to authorize the particular acts complained of. It is not sufficient for him to make it appear that he held some license; he must prove a license which is sufficient for his justification. . Exceptions overruled.
“In all criminal prosecutions in which the defendant relies for Ms justification upon any license, appointment or authority, he shall prove the same;…
2Cited by9 opinions
- Commonwealth v. BarnesMassachusetts Supreme Judicial Court · 1885
- Commonwealth v. ReganMassachusetts Supreme Judicial Court · 1902
- Commonwealth v. TowleMassachusetts Supreme Judicial Court · 1885
- Commonwealth v. LuddyMassachusetts Supreme Judicial Court · 1887
- Commonwealth v. BrusieMassachusetts Supreme Judicial Court · 1887
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