midpage

Commonwealth v. ConneallyCommonwealth v. Conneally

Massachusetts Supreme Judicial Court
Nov 15, 1871
Reporters:
By the Court.

1. The indictment was sufficient, within many decisions. Commonwealth v. Kelly, 12 Gray, 175. Commonwealth v. Edds, 14 Gray, 406. Commonwealth v. Bennett, ante, 27.

2. The evidence ‍​‌​‌​​​‌​​‌​​​​‌​‌​‌‌‌‌‌‌‌‌‌‌​‌‌​‌‌​‌‌​‌‌​‌​‌​‌​‌​​‌​‌​‌​​‌​​​‌‌‌​​​​‌​​‌​‌​‌‌‌‌‌​​‌​​​​‌​​‌‌​‌​‍that in the tenement, for keeping which the defendant was indicted, were a counter, beer-pump, bottles, and tumblers, in some of which were indications that they had recently contained whiskey, was competent, ‍​‌​‌​​​‌​​‌​​​​‌​‌​‌‌‌‌‌‌‌‌‌‌​‌‌​‌‌​‌‌​‌‌​‌​‌​‌​‌​​‌​‌​‌​​‌​​​‌‌‌​​​​‌​​‌​‌​‌‌‌‌‌​​‌​​​​‌​​‌‌​‌​‍and, taken in connection with the evidence that the tenement was used as “ a saloon,” that spirituous liquors, including brandy, gin and whiskey were found in that tenement, and in the story ‍​‌​‌​​​‌​​‌​​​​‌​‌​‌‌‌‌‌‌‌‌‌‌​‌‌​‌‌​‌‌​‌‌​‌​‌​‌​‌​​‌​‌​‌​​‌​​​‌‌‌​​​​‌​​‌​‌​‌‌‌‌‌​​‌​​​​‌​​‌‌​‌​‍above, where the defendant and his family lived, and -with the admission of the defendant that he had sold liquors, sufficient evidence that the tenement was kept for the illegal sale and illegal ‍​‌​‌​​​‌​​‌​​​​‌​‌​‌‌‌‌‌‌‌‌‌‌​‌‌​‌‌​‌‌​‌‌​‌​‌​‌​‌​​‌​‌​‌​​‌​​​‌‌‌​​​​‌​​‌​‌​‌‌‌‌‌​​‌​​​​‌​​‌‌​‌​‍keeping of intoxicating liquors.

3. The jury were rightly instructed that the indictment would be supported by evidence that the defendant kept the tenement *482described in the indictment, and either kept therein intoxicating liquors ‍​‌​‌​​​‌​​‌​​​​‌​‌​‌‌‌‌‌‌‌‌‌‌​‌‌​‌‌​‌‌​‌‌​‌​‌​‌​‌​​‌​‌​‌​​‌​​​‌‌‌​​​​‌​​‌​‌​‌‌‌‌‌​​‌​​​​‌​​‌‌​‌​‍for illegal sale, or illegally sold intoxicating liquors therein Commonwealth v. Welsh, 1 Allen, 1. Commonwealth v. Farrand, 12 Gray, 177. Commonwealth v. Ryan, ante, 415. Commonwealth v. Doe, ante, 418. Exceptions overruled.

Case Details

Case Name: Commonwealth v. Conneally
Court Name: Massachusetts Supreme Judicial Court
Date Published: Nov 15, 1871
Citation: 108 Mass. 480
Court Abbreviation: Mass.
Log In