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97 Mass. 122

Commonwealth v. Hogan

Massachusetts Supreme Judicial Court

Decided September 15, 1867

Massachusetts Supreme Judicial Court · decided 1867-09-15

Indictment, under Gen. Sts. c. 87, for keeping a liquor nuisance. The defendant was the same as in the previous case of Commonwealth v. Hoga/n. At the trial in the superior court the testimony was the same as in that case, except that it appeared in evidence that in the room of the defendant’s house where the parties played cards there was a bed and a table but no bar.

Good law ✅— No negative treatment on recordhow we know

Decided 1867-09-15

How this case has been cited

Cited by 6 later decisions — most recently July 1936

6 state decisions

3018671870188018901900191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Hoar, J.

¶1The offence of maintaining a common nuisance by keeping a tenement used for the illegal sale of intoxicating liquor, is a wholly distinct offence from that of the sale of such liquors ; and the conviction of one is no bar to a conviction of the other, although evidence of the same sales of liquor may be relied on to prove each.

¶2The seller of the liquor is punishable. The keeper of the tenement used for the illegal sale is punishable. If the seller and the keeper is the same person, then that person commits both offences and incurs both penalties. Commonwealth v. Bub*123ser, 14 Gray, 83. Commonwealth v. O’Donnell, 8 Allen, 548Commonwealth v. Cutler, 9 Allen, 486. Commonwealth v. Harris 13 Allen, 534. Exceptions overruled *

¶3 A similar decision was made in the cases of Commonwealth vs. Bartholomew Cotter and Commonwealth vs. Ferdinand Dickinson, argued at October term 1867 for Worcester by G. F. Ferry for the defendants, and C. Allen, Attorney General, for the Commonwealth.

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