Commonwealth v. Hagan

Massachusetts Supreme Judicial Court

Commonwealth v. Hagan

26 N.E. 95, 152 Mass. 565, 1891 Mass. LEXIS 347

CourtMassachusetts Supreme Judicial Court

DecidedJanuary 6, 1891

StatusPublished

Cited by2 cases

This text of 26 N.E. 95 (Commonwealth v. Hagan) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Hagan, 26 N.E. 95, 152 Mass. 565, 1891 Mass. LEXIS 347 (Mass. 1891).

Pincite

Opinion

C. Allen, J.

So far as appears, there was no evidence of any illegal sale of liquor upon the premises except in one instance, when a sale was made on a Sunday, in the absence of the defendants, by a young woman who was washing the floor. The court apparently allowed the jury to find the defendants guilty of keeping and maintaining a nuisance upon the evidence of this single [566]*566sale. There was nothing to show that the woman was employed by the defendants in their business. There was no presumption that her act of selling liquor illegally on Sunday was sanctioned by them. We think the jury should have been instructed that this evidence was not sufficient to warrant a conviction of maintaining a nuisance. Commonwealth v. Hayes, 150 Mass. 506. Commonwealth v. Patterson, 138 Mass. 498.

Exceptions sustained.

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C. Allen, J.

So far as appears, there was no evidence of any illegal sale of liquor upon the premises except in one instance, when a sale was made on a Sunday, in the absence of the defendants, by a young woman who was washing the floor. The court apparently allowed the jury to find the defendants guilty of keeping and maintaining a nuisance upon the evidence of this single [566]*566sale. There was nothing to show that the woman was employed by the defendants in their business. There was no presumption that her act of selling liquor illegally on Sunday was sanctioned by them. We think the jury should have been instructed that this evidence was not sufficient to warrant a conviction of maintaining a nuisance. Commonwealth v. Hayes, 150 Mass. 506. Commonwealth v. Patterson, 138 Mass. 498.

Exceptions sustained.

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Bluebook (online)

26 N.E. 95, 152 Mass. 565, 1891 Mass. LEXIS 347, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-hagan-mass-1891.

Opinion

C. Allen, J.

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