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160 Mass. 174

Commonwealth v. Lyons

Massachusetts Supreme Judicial Court

Decided November 28, 1893

Massachusetts Supreme Judicial Court · decided 1893-11-28

<p>Intoxicating Liquors — Maintaining Nuisance — Evidence.</p> <p>At the trial of a complaint for maintaining a tenement used for the illegal sale and illegal keeping of intoxicating liquors, it appeared that the defendant owned the building in question, which was occupied by him as a shop and a dwelling-house, and also the adjoining building, which was let by him to tenants; and that the two buildings were connected by a passageway. There was evidence that, on a certain day, a large number of men were seen from time to time going into the rear of the defendant’s shop; that the defendant on that day went several times from his shop to the door leading into the cellar of the adjoining building, and returned each time appearing to have something which he held in his hand under his jacket, and once he carried something in his hand which appeared to be filled lager beer bottles; and that at another time he returned with a bundle done up in a newspaper. Held, that evidence that, two days later, searching officers found a large quantity of intoxicating liquors in the cellar of the adjoining building, was admissible.</p>

Cited by 1 later decisions — most recently January 1923

1 state decisions

Relies on Commonwealth v. Wallace · Commonwealth v. Murphy · Commonwealth v. McCullow

Good law ✅— No negative treatment on recordhow we know

Decided 1893-11-28

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Holmes, J.

¶1The defendant owned the building in which the liquors were found, and so far as appears had the right to use the cellar. At all events, he did use it in connection with the neighboring house occupied by him, which is alleged to have been a nuisance, and there is evidence that he carried beer from the former to the latter. Evidence of the discovery of beer and whiskey seemingly belonging to the defendant in the former house was admissible. Commonwealth v. McCluskey, 123 Mass. 401. Commonwealth v. McCullow, 140 Mass. 370. Commonwealth v. Vahey, 151 Mass. 57. Commonwealth v. Murphy, 153 Mass. 290. Commonwealth v. Shea, ante, 6.

¶2 Exceptions overruled.

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