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50 Mass. 137

Commonwealth v. Bryden

Massachusetts Supreme Judicial Court · decided 1845-03-15

This was an indictment, returned to the municipal court on the first Monday of May 1844, in which it was alleged that the defendant, “ on the thirtieth day of April, in the year of our Lord eighteen hundred and forty four, at said Boston, and there on divers other days and times, between the 1st day of January last and the 1st Monday of May, did presume to be and was a retailer and seller of wine, mm, brandy and other spiritous liquor, in a less quantity than twenty eight…

Cited by 1 later decisions — most recently December 1904

1 state decisions

Relies on People v. Adams

Good law ✅— No negative treatment on recordhow we know

Decided 1845-03-15

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Dewey, J.

¶1Enough is set forth in the indictment to constitute the offence of a single act of selling spiritous liquor without being duly licensed, if we strike out all that part which charges generally that the defendant, “ on divers days and times between the 1st day of January and the 1st Monday of May, was a retailer and seller of wine, rum, brandy and other spiritous liquor.” This, we think, may be stricken out, upon the authority of Commonwealth v. Pray, 13 Pick. 359, and The People v. Adams, 17 Wend. 475.

¶2Exceptions overruled.

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