Legal Opinion

Commonwealth v. Maloney

Massachusetts Supreme Judicial Court

Decided September 15, 1873PublishedCited by 10 opinions

Complaint for the illegal keeping of intoxicating liquor. The complaint alleged the keeping on the tenth day of September, in the year eighteen hundred and seventy. At the trial upon appeal in the Superior Court, before Book-well, J., the évidence was confined to a keeping on the 10th of September, 1872. The defendant objected that such evidence would not support the allegation in the complaint.

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Complaint for the illegal keeping of intoxicating liquor. The complaint alleged the keeping on the tenth day of September, in the year eighteen hundred and seventy. At the trial upon appeal in the Superior Court, before Book-well, J., the évidence was confined to a keeping on the 10th of September, 1872. The defendant objected that such evidence would not support the allegation in the complaint. The court overruled the objection, and the jury having returned a verdict of guilty the defendant alleged exceptions.

1Opinion of the CourtMorton, J.

The complaint in this case alleges that the defendant on the tenth day of September, 1870, at Northampton, inlawfully kept intoxicating liquors with intent to sell the same. At the time laid in the complaint, the offence charged was punishable by fine and imprisonment, and in addition thereto the defendant was required to recognize to the Commonwealth in a sum not less than-one thousand nor more than two thousand dollars, that he would not within a year violate any of the provisions of the laws relating to the manufacture and sale of intoxicating liquor. St. 1869, c. 415, §§ 36-59. By the St.…

2Cited by10 opinions

  1. Morgan v. StateSupreme Court of Florida · 1906
  2. State v. ReyeltsSupreme Court of Iowa · 1888
  3. Carlisle v. StateMississippi Supreme Court · 1895
  4. Whatley v. StateSupreme Court of Florida · 1903
  5. Childs v. New Haven & Northampton Co.Massachusetts Supreme Judicial Court · 1882

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