18 Mass. 387
Massachusetts Supreme Judicial Court
Decided March 15, 1823
Massachusetts Supreme Judicial Court · decided 1823-03-15
This was an indictment against the defendant for keeping, and suffering to be kept, in a certain yard by him “ actually occupied,” a ninepins alley, for his own proper gain, contrary to Si. 1798, c. 20, § 2. The evidence was, that there was a shed kept for the purpose of playing at ninepins, contiguous to a passageway between the shed and the defendant’s store.
Decided 1823-03-15
¶1There were other points in the case, but the Court were of opinion, that the facts did not show an actual occupying within *395the meaning of the statute, and the defendant was accordingly-discharged.
¶2Dunlap, for the defendant.
¶3 See Commonwealth v. Bolkom, 3 Pick. 281; Commonwealth v. Arnold, 4 Pick. 251; Commonwealth v. Estabrook, 10 Pick. 293.