Commonwealth v. Moore

<p>Intoxicating Liquors — Common Nuisance — Time — Evidence.</p> <p>At the trial of a complaint for keeping and maintaining a common nuisance, to wit, a tenement used for the illegal sale and keeping for sale of intoxicating liquors, from May 1 to September 18, evidence was admitted of acts of the defendant tending to show that he kept the tenement on September 18. Held, that the evidence was competent, even if that date was not included in the time alleged, as tending to prove that he kept it during that time.</p> <p>Evidence was also introduced at the trial, that the tenement was a dwelling-house consisting of several rooms; that many had been seen going into the house after dark, some of whom came out drunk; that, upon a search of the premises, empty beer bottles, a jug and a bottle, with a little whiskey in each, and a small glass wet with whiskey, were found in different rooms; that the defendant, who had been seen around the premises, was on that occasion sitting by the stove, and several men were standing around, two of whom were under the influence of liquor. Held, that there was evidence of the guilt of the defendant to be submitted to the jury.</p>