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121 Mass. 375

Commonwealth v. Hoar

Massachusetts Supreme Judicial Court

Decided December 2, 1876

Massachusetts Supreme Judicial Court · decided 1876-12-02

Complaint under the St. of 1875, c. 99, to the “Municipal Court of the Brighton District of the city of Boston, holden in said Brighton District for the transaction of criminal business, within and for the county of Suffolk,” charging that the defendant “ within the judicial district of said court, unlawfully did expose and keep for sale intoxicating liquors, with intent unlawfully to sell the same within this Commonwealth.” In the Municipal Court the defendant moved to…

Good law ✅— No negative treatment on recordhow we know

Decided 1876-12-02

How this case has been cited

Cited by 4 later decisions — most recently July 2014

1 federal appellate · 3 state decisions

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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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Gray, C. J.

¶1The court to which the complaint is addressed is duly designated in the complaint and in the record as “ the Municipal Court of the Brighton District of the city of Boston, holden in said Brighton District for the transaction of criminal business.” St. 1874, c. 271, §§ 14, 15. The addition of the words “ within and for the county of Suffolk ” does not imply that the court had jurisdiction to try offences committed anywhere in the county. The allegation that the defendant’s of-fence was committed “ within the judicial district of said court ” shows that it was committed in a part of the county of which the court had full jurisdiction.

¶2The offence was charged in usual and legal form. The instruction requested was rightly refused. A single sale of intoxicating liquors at a public house does tend to prove an exposing and keeping of such liquors for sale; and in this case there was ample evidence of the offence. Exceptions overruled.

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