Commonwealth v. Hyland
Massachusetts Supreme Judicial Court
Complaint on the Pub. Sts. e. 101, §§ 6, 7, for keeping and. maintaining a common nuisance, to wit, a tenement at Taunton used for the illegal sale and illegal keeping of intoxicating liquors between June 1,1890, and August 14,1890. At the trial in the Superior Court, before Hammond, J., there was evidence that, on August 10,11, and 18, one Michael Lucy visited the tenement in question, where the defendant lived with his wife, and there purchased intoxicating liquors from…
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Complaint on the Pub. Sts. e. 101, §§ 6, 7, for keeping and. maintaining a common nuisance, to wit, a tenement at Taunton used for the illegal sale and illegal keeping of intoxicating liquors between June 1,1890, and August 14,1890. At the trial in the Superior Court, before Hammond, J., there was evidence that, on August 10,11, and 18, one Michael Lucy visited the tenement in question, where the defendant lived with his wife, and there purchased intoxicating liquors from the defendant’s wife; and that Lucy did not see the defendant on either occasion. The defendant testified that he formerly…
1Opinion of the CourtHolmes, J.
The jury may have disbelieved the defendant’s testimony. In that case the fact that he and his wife lived together in his tenement was competent evidence to prove that she acted as his agent. Commonwealth v. Coughlin, 14 Gray, 389. Commonwealth v. Reynolds, 114 Mass. 306. Commonwealth v. Locke, 145 Mass. 401. Exceptions overruled.
2Cases cited2 opinions
- Commonwealth v. LockeMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. ReynoldsMassachusetts Supreme Judicial Court · 1873
3Cited by10 opinions
- Commonwealth v. RussMassachusetts Supreme Judicial Court · 1919
- Commonwealth v. SlavskiMassachusetts Supreme Judicial Court · 1923
- Lindenbaum v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1908
- Lydon v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1941
- Commonwealth v. McNeeseMassachusetts Supreme Judicial Court · 1892
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