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82 Mass. 19

Commonwealth v. Higgins

Massachusetts Supreme Judicial Court

Decided September 15, 1860

Massachusetts Supreme Judicial Court · decided 1860-09-15

<p>Upon the trial of an indictment for maintaining a building used for the illegal keeping and illegal sale of intoxicating liquors, the Commonwealth, after introducing evidence that a room occupied by the defendant was fitted with the common appliances for the sale of liquors, and that persons drank ale there, may prove that persons have been seen on the defendant’s premises and leaving them in a state of intoxication.</p> <p>Proof that the defendant maintained a building used for the illegal keeping and illegal sale of intoxicating liquors, for any substantial period of time, if only one day, will support an indictment for maintaining it during a year.</p>

Decided 1860-09-15

Metcalf, J.

¶11. The testimony was rightly admitted. Commonwealth v. Burnham, 14 Gray, 101.

¶22. The jury were correctly instructed that the defendant violated the statute on which the indictment was founded, by keeping, maintaining and using the saloon, for a single day only, for the illegal sale of liquor. Wells v. Commonwealth, 12 Gray, 326.

¶3 Exceptions overruled.

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