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145 Mass. 244

Commonwealth v. Moore

Massachusetts Supreme Judicial Court

Decided November 22, 1887

Massachusetts Supreme Judicial Court · decided 1887-11-22

<p>At the trial of a complaint for keeping and maintaining a tenement used for the . illegal sale and illegal keeping of intoxicating liquors, if the defendant has an innholder’s license and also a license of the first class for the sale of intoxicating liquors, and the evidence for the government tends to show that the defendant sold intoxicating liquors on the Lord’s day to several persons who went into his premises for the purpose of procuring and drinking such liquors, such persons are not “guests,” within the meaning of the Pub. Sts. c. 100, § 9, cl. 2; and the defendant is not entitled to have the jury instructed as to the rights of an inn-holder to sell to his guests.</p> <p>If a person licensed to sell intoxicating liquors, places or maintains curtains in the windows upon the licensed premises, in such a way as to interfere with a view of the business conducted thereon, or of the interior thereof, it is a violation of his license; and it is immaterial for what purpose he maintains the curtains.</p> <p>At the trial of a complaint for keeping and maintaining a tenement used for the illegal sale and illegal keeping of intoxicating liquors, the complainant testified that he was employed by a Law and Order League to obtain evidence against liquor sellers, and to prosecute such for illegal sales of intoxicating liquors; that the league furnished him with money to pay expenses; that he asked some sailors to visit the tenement in question with him, and ordered liquors for them, which he paid for out of money furnished by the league. Held, that the defendant was not entitled to have the jury instructed that the witness was not entitled to be believed, or that the jury should not convict upon such evidence.</p>

Cited by 4 later decisions — most recently April 1909

2 state decisions

Relies on Commonwealth v. Worcester · Commonwealth v. Hagan · Commonwealth v. Rourke

Good law ✅— No negative treatment on recordhow we know

Decided 1887-11-22

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Morton, C. J.

¶1The instructions given were appropriate and sufficient.

¶2The case made by the government was that the defendant sold intoxicating liquors on the Lord’s day to several persons who wént into his premises for the purpose of procuring and drinking liquor. Such persons were not guests within the meaning of the statute, and there was no occasion to instruct the jury, as requested by the defendant, as to the rights of an innholder to sell to his guests. Commonwealth v. Hagan, 140 Mass. 289.

¶3The instructions requested as to curtains were properly refused. If the defendant placed or maintained curtains in his windows in such a way as to interfere with a view of the business *248conducted upon the premises, or with a view of the interior of the premises, it was a violation of his license, and it is immaterial for what purpose he maintained the curtains. Commonwealth v. Worcester, 141 Mass. 58. Commonwealth v. Rourke, 141 Mass. 321.

¶4The last request of the defendant was properly refused. The court had no right to instruct the jury that the government’s witnesses were not entitled to belief. The credibility of the witnesses on either side was a matter entirely for. the jury, and the instruction requested would have been erroneous.

¶5 Exceptions overruled.

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