Legal Opinion

Commonwealth v. Hughes

Massachusetts Supreme Judicial Court

Decided November 7, 1882PublishedCited by 11 opinions

Complaint, under the Pub. Sts. c. 207, §§ 26, 27, for drunkenness by the voluntary use of intoxicating liquor. At the trial in the Superior Court, before Colburn, J., the jury returned a verdict of guilty; and the defendant alleged exceptions. The facts appear in the opinion.

1Opinion of the Court

Morton, 0. J.

The statutes provide that, if a male person is guilty of drunkenness, and he has been convicted of a like offence twice before within the next preceding twelve months, he shall be subject to a greater penalty than for a first or second conviction. Pub. Sts. c. 207, § 27.

In the case before us, the complaint is for the offence of drunkenness committed on April 16, 1882. It alleges that the defendant had been, within the year preceding, twice previously *497convicted of the offence of drunkenness, namely, on June 9,1881, and on June 27, 1881. It appeared that the prior conviction of…

2Cases cited1 opinion

  1. Ballard v. CapertonCourt of Appeals of Kentucky · 1859

3Cited by11 opinions

  1. Holton v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1939
  2. Commonwealth v. GravesMassachusetts Supreme Judicial Court · 1892
  3. State v. HamiltonSupreme Judicial Court of Maine · 1953
  4. State v. CollinsSupreme Court of Missouri · 1915
  5. Williams v. StateCourt of Criminal Appeals of Texas · 1928

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