¶1The indictment is under the nuisance act, and that act was not repealed by the St. of 1870, cc. 389, 390. Evidence that the defendant kept for sale and sold ale between July 22 and the first Tuesday of September 1870, was competent to show that he sold ale during that time, and thus kept his tenement for an illegal purpose. Commonwealth v. Bennett, ante, 30. Commonwealth v. Kennedy, ante, 292. Exceptions overruled.
108 Mass. 415
Commonwealth v. Ryan
Massachusetts Supreme Judicial Court
Decided November 15, 1871
Massachusetts Supreme Judicial Court · decided 1871-11-15
<p>In support of an indictment on the Gen. Sts. c. 87, §§ 6, 7, for keeping a tenement for the illegal sale and illegal keeping of intoxicating liquors between the day when the St. of 1870, c. 389, took effect, and the day when the inhabitants of the city where the tenement was situated might under that statute first vote to prohibit the sale of malt liquors, evidence is competent that the defendant kept ale for sale and sold ale there between those (lays.</p>
Decided 1871-11-15