Commonwealth v. Atkins
Massachusetts Supreme Judicial Court
Complaint to the First District Court of Eastern Middlesex, alleging that the defendant, on March 12, 1883, at Malden, unlawfully exposed and kept for sale intoxicating liquors, with intent unlawfully to sell the same in this Commonwealth.
Read the full summary
Complaint to the First District Court of Eastern Middlesex, alleging that the defendant, on March 12, 1883, at Malden, unlawfully exposed and kept for sale intoxicating liquors, with intent unlawfully to sell the same in this Commonwealth. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows: There was evidence that the defendant was the owner of a tenement in which newspapers, pies, cakes, cigars, and tonic beer were kept and sold; and the defendant offered evidence that no lager beer or intoxicating liquors had been sold, kept, or…
1Opinion of the CourtDevens, J.
The instructions requested by the defendant, if granted, would have required of the jury, in order to convict, to find, not merely that the defendant kept the liquors with intent to sell the same, but also that he exposed them for sale. But, under the St. of 1875, c. 99, § 1, (Pub. Sts. c. 100, § 1,) whether the defendant exposes or keeps for sale, or both keeps and exposes, it is but one offence; and a complaint charging both is good, and is supported by proof of either. Commonwealth v. Dolan, 121 Mass. 374. Commonwealth v. Curran, 119 Mass. 206. Under the instructions given, the jury must…
2Cases cited5 opinions
- Commonwealth v. GoodmanMassachusetts Supreme Judicial Court · 1867
- Commonwealth v. CurranMassachusetts Supreme Judicial Court · 1875
- Commonwealth v. DolanMassachusetts Supreme Judicial Court · 1876
- Commonwealth v. McCueMassachusetts Supreme Judicial Court · 1876
- Commonwealth v. ClearyMassachusetts Supreme Judicial Court · 1870
3Cited by9 opinions
- Commonwealth v. MaraMassachusetts Supreme Judicial Court · 1926
- State v. KerrNorth Dakota Supreme Court · 1894
- Commonwealth v. HendersonMassachusetts Supreme Judicial Court · 1885
- Commonwealth v. AhernMassachusetts Supreme Judicial Court · 1917
- Commonwealth v. TayMassachusetts Supreme Judicial Court · 1888
4 more not listed; retrieve them via the Exa API.