Legal Opinion

Commonwealth v. Burns

Massachusetts Supreme Judicial Court

Decided January 9, 1897PublishedCited by 4 opinions

Complaint to the First District Court of Eastern Middle-sex, for keeping and maintaining a common nuisance, namely, a tenement used for the illegal keeping and illegal sale of intoxicating liquors, between January 10 and March 9, 1896. Trial in the Superior Court, before Richardson, J., who allowed a bill of exceptions, in substance as follows.

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Complaint to the First District Court of Eastern Middle-sex, for keeping and maintaining a common nuisance, namely, a tenement used for the illegal keeping and illegal sale of intoxicating liquors, between January 10 and March 9, 1896. Trial in the Superior Court, before Richardson, J., who allowed a bill of exceptions, in substance as follows. The defendant admitted that the building referred to in the evidence was used as a place where liquor was illegally sold during the time covered by the complaint. The evidence, which was uncontradicted, showed that the building was then owned and…

1Opinion of the CourtLathrop, J.

The defendant conceded that the tenement referred to in .the evidence was used as a place where intoxicating liquors were illegally sold during the time covered by the complaint. The issue for the jury was whether the defendant kept and maintained the tenement. While there was evidence that the defendant’s mother then owned and occupied the tenement, and had sold intoxicating liquors there for several years, and that the furnishings of the house were the same after the defendant went to live with her mother as before, and no change in the conditions about the premises appeared, there was also…

2Cases cited7 opinions

  1. Commonwealth v. ChurchillMassachusetts Supreme Judicial Court · 1883
  2. Commonwealth v. GalliganMassachusetts Supreme Judicial Court · 1887
  3. Commonwealth v. JenningsMassachusetts Supreme Judicial Court · 1871
  4. Commonwealth v. MurphyMassachusetts Supreme Judicial Court · 1887
  5. Commonwealth v. TayMassachusetts Supreme Judicial Court · 1888

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Commonwealth v. GreenbergMassachusetts Supreme Judicial Court · 1959
  2. Commonwealth v. MannosMassachusetts Supreme Judicial Court · 1942
  3. Commonwealth v. ReidMassachusetts Appeals Court · 2008
  4. State v. DahmsNorth Dakota Supreme Court · 1914

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