Commonwealth v. Brelsford
Massachusetts Supreme Judicial Court
Complaint, to the Police Court of Lowell, for keeping and maintaining a certain tenement in Lowell used for the illegal sale and illegal keeping of intoxicating liquors, between May 1 and November 1, 1892. Trial in the Superior Court, on appeal, before Braley, J., who allowed a bill of exceptions, in substance as follows.
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Complaint, to the Police Court of Lowell, for keeping and maintaining a certain tenement in Lowell used for the illegal sale and illegal keeping of intoxicating liquors, between May 1 and November 1, 1892. Trial in the Superior Court, on appeal, before Braley, J., who allowed a bill of exceptions, in substance as follows. The gist of the complaint, as shown in the evidence, was that the defendant kept and sold illegally a certain beverage known as “ dandelion beer,” containing more than one per cent of alcohol, and had violated the statute. The defendant asked the judge to rule that the St.…
1Opinion of the CourtField, C. J.
The first exception raises the question of the constitutionality of St. 1888, c. 219, so far as it enacts that “any beverage containing more than one per cent of alcohol, by volume, at sixty degrees Fahrenheit, . . . shall be deemed to be intoxicating liquor within the meaning of ’’ Pub. Sts c. 100.
In Commonwealth v. Anthes, 12 Gray, 29, 32, the defendants were indicted, under St. 1855, c. 215, §§ 15, 17, for unlawfully selling intoxicating liquors; the evidence showed sales of lager beer; the statute, by its first section, provided, among other things, that lager beer should be considered…
2Cases cited10 opinions
- Commonwealth v. TibbettsMassachusetts Supreme Judicial Court · 1893
- Sanders v. Bank of KentuckyCourt of Appeals of Kentucky · 1859
- State v. Certain Intoxicating LiquorsSupreme Court of Iowa · 1888
- Commonwealth v. WelshMassachusetts Supreme Judicial Court · 1872
- Commonwealth v. BlosMassachusetts Supreme Judicial Court · 1874
5 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Commonwealth v. TuckerMassachusetts Supreme Judicial Court · 1905
- Williams v. StateSupreme Court of Georgia · 1897
- Fine v. MoranSupreme Court of Florida · 1917
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1896
- Commonwealth v. WilkinsMassachusetts Supreme Judicial Court · 1923
22 more not listed; retrieve them via the Exa API.