Commonwealth v. Galligan
Massachusetts Supreme Judicial Court
The first case was an indictment in four counts, the first count on the Pub. Sts. c. 101, §§ 6, 7, for keeping and maintaining a common nuisance, to wit, a tenement used for the illegal sale and illegal keeping of intoxicating liquors from May 1 to November 1, 1890; the second, third, and fourth counts were each for a single unlawful sale of such liquors within that period.
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The first case was an indictment in four counts, the first count on the Pub. Sts. c. 101, §§ 6, 7, for keeping and maintaining a common nuisance, to wit, a tenement used for the illegal sale and illegal keeping of intoxicating liquors from May 1 to November 1, 1890; the second, third, and fourth counts were each for a single unlawful sale of such liquors within that period. The second and third cases were indictments in two and three counts respectively, the first count in each being similar to the first count in the first case, and the other counts in each being similar to the remaining…
1Opinion of the CourtBarker, J.
1. In each of these indictments a count for keeping and maintaining a common nuisance is joined with counts charging single illegal sales of intoxicating liquor. In the first two cases the defendants, before the jury were impanelled, asked the court to rule that there was a misjoinder of counts, that the counts for single sales could not be joined with the first count, and that the four counts could not be tried together. After the evidence was closed, the defendant renewed his objections, and asked the court to rule that, even if the evidence was sufficient to prove all of the counts, the…
2Cases cited3 opinions
- Gertz v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1884
- Commonwealth v. GallagherMassachusetts Supreme Judicial Court · 1878
- Commonwealth v. JacobsMassachusetts Supreme Judicial Court · 1890
3Cited by14 opinions
- Commonwealth v. MaguireMassachusetts Supreme Judicial Court · 1984
- Lamoureux v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1897
- Dotterer v. StateIndiana Supreme Court · 1909
- Commonwealth v. GettiganMassachusetts Supreme Judicial Court · 1925
- State v. MadisonSouth Dakota Supreme Court · 1909
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