Commonwealth v. Brusie
Massachusetts Supreme Judicial Court
Complaint to the District Court of Southern Berkshire, on the Pub. Sts. a. 101, § 6, for keeping and maintaining a common nuisance, to wit, á certain tenement in Great Barrington, used for the illegal sale and illegal keeping of intoxicating liquors, on May 1,1886, and on divers other days and times between that day and October 12, 1886. At the trial in the Superior Court, on appeal, the defendant pleaded guilty ; and alleged exceptions, which appear in the opinion.
1Opinion of the CourtDevens, J.
The motion to dismiss the complaint filed in the district court was there properly overruled. The complaint charged the keeping and maintaining a common nuisance, by keeping and maintaining a tenement used for the illegal sale and illegal keeping of intoxicating liquors. No other allegation negativing an authority to keep or sell intoxicating liquors was essential; and if the defendant relied upon any appointment or authority to sell intoxicating liquors, it was for him to prove it. Commonwealth v. Bennett, 108 Mass. 27. Commonwealth v. Ryan, 136 Mass. 436. Commonwealth v. Rafferty, 133 Mass.…
2Cases cited5 opinions
- Commonwealth v. BennettMassachusetts Supreme Judicial Court · 1871
- Sabins v. JonesMassachusetts Supreme Judicial Court · 1875
- Commonwealth v. RaffertyMassachusetts Supreme Judicial Court · 1882
- Commonwealth v. HartMassachusetts Supreme Judicial Court · 1877
- Commonwealth v. RyanMassachusetts Supreme Judicial Court · 1884
3Cited by3 opinions
- Commonwealth v. LynnMassachusetts Supreme Judicial Court · 1891
- Commonwealth v. BanksMassachusetts Supreme Judicial Court · 1892
- State v. ChappellSupreme Court of Rhode Island · 1904