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109 Mass. 368

Commonwealth v. Dearborn

Massachusetts Supreme Judicial Court · decided 1872-03-15

Complaint on the St. of 1869, c. 415, § 31, to the municipal court of the city of Boston, for keeping intoxicating liquor on December 21, 1871, at Boston in the county of Suffolk, with intent to sell, At the trial in the superior court on appeal, before Brigham, C. J,t Frederick A. Marsh, a state constable, testified “ that on December 21, 1871, he seized a quantity of whiskey, gin and cherry rum in a shop which was fitted up as bar-rooms usually are, at the comer of Hanover…

Relies on Commonwealth v. Jennings

Good law ✅— No negative treatment on recordhow we know

Decided 1872-03-15

How this case has been cited

Cited by 7 later decisions — most recently April 1954

7 state decisions

20187218801890190019101920193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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By the Court.

¶11. The admission by the defendant in July 1871, that he was the proprietor of the shop in which the liquors were found on the day named in the complaint, was competent. It had some tendency to show that he was the proprietor of the shop on the day named in the complaint. Commonwealth v. Hildreth, 11 Gray, 327. For the same reason, the testimony that the defendant was seen in the shop, between July 1871 and the day named in the complaint, was competent.

¶22. The cards which were attached to jugs found in the shop were properly admitted in evidence. Commonwealth v. Blood, 11 Gray, 74. Commonwealth v. Jennings, 107 Mass. 488.

¶33. The evidence of sales of liquor prior to the day named in the complaint was competent. It tended to show the use to which the shop was put by the defendant, and thus to prove that the liquors therein found were kept- with the intent to sell them 'n violation of law.

¶44. It was for the jury to decide whether the shop in which the liquors were found, described by the witnesses as being at “ the corner of Hanover and Commercial Streets,” was in the county of Suffolk. If from the circumstances of the case they were satisfied that the witnesses meant Hanover and Commercial Streets in Boston, the evidence justified a finding that the offence was com' mitted in the county of Suffolk.

¶5*3715. The objection that the government failed to prove the allegations of the complaint cannot be sustained. There was competent evidence upon all the issues involved. The question of its sufficiency was for the jury.

¶6Exceptions overruled.

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