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146 Mass. 132

Commonwealth v. Uhrig

Massachusetts Supreme Judicial Court

Decided February 6, 1888

Massachusetts Supreme Judicial Court · decided 1888-02-06

Complaint for keeping and maintaining a common nuisance, to wit, a certain tenement used for the illegal sale and keeping for sale of intoxicating liquors from May 1, 1887, to September 19, 1887. At the trial in the Superior Court, on appeal, before Aldrich, J., it was admitted that the defendant was the proprietor and had control of the Prospect House, a public hotel in Cambridge.

Cited by 1 later decisions — most recently October 1917

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1888-02-06

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By the Court.

¶1The fact that the defendant kept posted in his premises a United States tax receipt running to him as a dealer in spirituous or intoxicating liquors, is competent evidence that he kept the premises for the sale of liquor, irrespective of the provisions of the St. of 1887, c. 414.

¶2So far as that statute authorizes the introduction of such evidence, it is merely declaratory of the common law, and is valid. In the case at bar, the only ruling was that the evidence was admissible; no ruling was asked or given as to the weight or effect of the evidence. The ruling given was clearly right, and we cannot properly consider any question not raised by the bill of exceptions. Exceptions overruled.

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