Massachusetts Supreme Judicial Court, 1871

Commonwealth v. Lynn

Commonwealth v. Lynn
Massachusetts Supreme Judicial Court · Decided March 15, 1871
107 Mass. 214

Commonwealth v. Lynn

Opinion of the Court

By the Court.

The allegation in this complaint, that the defendant kept intoxicating liquor “ with intent to sell the same in this Commonwealth, he not being authorized to sell the same in said Commonwealth for any purpose under the provisions of the acts of this Commonwealth, or by any legal authority whatever,” is sufficient. It excludes the idea, that the liquors alleged to be kept were such as he had a right to sell. A like allegation has been held sufficient in several cases, which are decisive of the case at bar. Commonwealth v. Hart, 11 Cush. 180. Commonwealth v. Gilland, 9 Gray, 3. Commonwealth v. Purtle, 11 Gray, 78.

Exceptions overruled.

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