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75 Mass. 132

Commonwealth v. Burns

Massachusetts Supreme Judicial Court

Decided October 15, 1857

Massachusetts Supreme Judicial Court · decided 1857-10-15

Indictment on St. 1855, c. 215, § 17, for being a common seller of intoxicating liquors at Marlborough on the 1st of June 1856, and from that day to the 1st of October 1856.

Decided 1857-10-15

By the Court.

¶1The St. of 1855, c. 215, § 17, provides that three several sales of spirituous or intoxicating liquors, either to different persons or to the same person, shall be sufficient evidence of a violation of this section.” This amounts to a definition that three sales shall satisfy the phrase “ common seller,” within the meaning of this act, and is equivalent to saying that whoever is guilty of making three sales shall be punished in the same manner as a common seller.

¶2Exceptions overruled

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