Commonwealth v. Roberts
Massachusetts Supreme Judicial Court
Indictment under the Gen. Sts. o. 87, §§ 6, 7, for keeping and maintaining a common nuisance, to wit, a certain tenement in Provincetown used for the illegal sale and illegal keeping of intoxicating liquors, on January 1, 1881, and on divers other days and times between that day and September 1,1881. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows: There was evidence tending to show that, without any license or…
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Indictment under the Gen. Sts. o. 87, §§ 6, 7, for keeping and maintaining a common nuisance, to wit, a certain tenement in Provincetown used for the illegal sale and illegal keeping of intoxicating liquors, on January 1, 1881, and on divers other days and times between that day and September 1,1881. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows: There was evidence tending to show that, without any license or lawful authority whatever, the defendant, a married woman, sometimes while her husband was at home and within their…
1Opinion of the CourtW. Allen, J.
The rulings prayed for, and the instructions given, do not relate to the sufficiency of the evidence to establish the character of the house kept, but solely to the question whether the defendant was responsible for it. The instructions are, in effect, that the defendant would be responsible for the use she made of the house in the absence of her husband, and for unlawful sales made there by her in his absence. The last sentence evidently refers to the evidence of sales made by her, sometimes in the presence of her husband, and sometimes in his absence, and was intended to restrict the…
2Cited by3 opinions
- Commonwealth v. ChurchillMassachusetts Supreme Judicial Court · 1883
- Commonwealth v. FlahertyMassachusetts Supreme Judicial Court · 1886
- White v. Young Men's Christian Ass'nAppellate Court of Illinois · 1907