80 Mass. 50
Massachusetts Supreme Judicial Court
Decided October 15, 1859
Massachusetts Supreme Judicial Court · decided 1859-10-15
Indictment on St. 1855, c. 405, § 1, for keeping and maintaining, at Charlestown, at a certain time, without having any license, appointment or authority to keep for sale or to sell intoxicating liquors, “ a certain common nuisance, to wit, a tenement at the corner of Front Street and Warren Avenue in said Charlestown, then and there used for the illegal sale and illegal keeping of intoxicating liquors, to the great injury and common nuisance ” &c. At the trial in the court…
Decided 1859-10-15
¶11. The proof from town records was not secondary ; it was admissible without notice to the defendant to produce his certificate.
¶2*522. In a charge of a nuisance in violation of St. 1855, c. 405, § 1, an averment of keeping a tenement used for the illegal sale and keeping of intoxicating liquors is not bad for duplicity. Commonwealth v. Kimball, 7 Gray, 330. Commonwealth v Kelley & France, 7 Gray, 332, note. Exceptions overruled.