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121 Mass. 367

Commonwealth v. Elliott

Massachusetts Supreme Judicial Court

Decided November 28, 1876

Massachusetts Supreme Judicial Court · decided 1876-11-28

Complaint to the Municipal Court of the city of Boston, charging the defendant on July 14, 1876, with standing and selling newspapers on Haymarket Square, a public street in Boston, without a license, and in violation of a city ordinance, which provides, under a penalty, that “ no person shall stand on any street for the purpose of grinding cutlery, or for the sale of any article, or for the exercise of any other business or calling, unless duly licensed by the board of…

Cited by 2 later decisions — most recently May 1907

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1876-11-28

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By the Court.

¶1The court below erred in ruling, as matter of law, that if the defendant ‘i stopped in Haymarket Square for the time and in the manner testified to by the witness for *369the government, occasionally moving backwards and forwards in front of the depot, and confining himself to that locality, he would be guilty of standing in violation of the by-law,” instead of submitting the case to the jury upon all the evidence, with proper instructions. Exceptions sustained.

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