¶1Whoever keeps or maintains a building, place, or tenement used for the illegal keeping of intoxicating liquors, is punishable by Pub. Sts. c. 101, §§ 6, 7. Keeping intoxicating liquors for sale is illegal, except when such keeping is authorized by law. Pub. Sts. c. 100, § 1. Cunningham kept in the defendant’s house liquors which he intended to sell without authority of law; hence such keeping of liquors by Cunningham was illegal. The defendant’s house was used by Cunningham for such illegal keeping of liquors. The defendant kept and maintained his house, which was so used with his assent for that *300illegal purpose. It is immaterial that the defendant did not intend to sell the liquors himself. He kept his house as a receptacle for Cunningham’s liquors, with intent to aid Cunningham’s illegal sales ; and by so doing he became punishable under Pub. Sts. c. 101, §§ 6, 7. Verdict to stand.
160 Mass. 298
Commonwealth v. Lynch
Massachusetts Supreme Judicial Court
Decided January 3, 1894
Massachusetts Supreme Judicial Court · decided 1894-01-03
Complaint, charging the defendant with maintaining a liquor nuisance in Lynn, between February 1, 1893, and March 31, 1893. Trial in the Superior Court, before Sherman, J., who reported the case, at the defendant’s request, for the determination of this court, in substance as follows.
Cited by 2 later decisions — most recently November 1896
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1894-01-03
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