¶1It was not necessary for the government to prove an act of sale or offering for sale. It was required to prove that the defendant kept the premises, and used them for the illegal sale or illegal keeping of intoxicating liquors; but this burden of proof may be met by other evidence than that of specific sales. The instructions given at the trial were sufficient and appropriate. The evidence excepted to was clearly competent. Exceptions overruled.
145 Mass. 373
Commonwealth v. Boyle
Massachusetts Supreme Judicial Court
Decided November 25, 1887
Massachusetts Supreme Judicial Court · decided 1887-11-25
Complaint for keeping and maintaining a common nuisance, to wit, a shop, in Malden, used for the illegal sale and illegal keeping of intoxicating liquors, on September 10, 1886, and on divers other days and time's between that day and September 25, 1886.
Decided 1887-11-25