Commonwealth v. Kelley

5 N.E. 834, 140 Mass. 441, 1886 Mass. LEXIS 62
CourtMassachusetts Supreme Judicial Court
DecidedJanuary 7, 1886
StatusPublished
Cited by10 cases

This text of 5 N.E. 834 (Commonwealth v. Kelley) 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. Kelley, 5 N.E. 834, 140 Mass. 441, 1886 Mass. LEXIS 62 (Mass. 1886).

Opinion

W. Allen, J.

We think that the ruling and instructions were correct. The provision of the statute relates to the use and management of licensed premises, and its express intent is to secure an unobstructed view of their interior at all times by persons outside. It is addressed to the licensee only; no other person can violate it. It forbids him to do, or to permit to be done, the prohibited act, and, by fair intendment, includes acts done in the use of the premises in carrying on the business licensed, whether they are done by the licensee in person, or by his agent left by him in charge and management of the business. Commonwealth v. Emmons, 98 Mass. 6. Commonwealth v. Uhrig, 138 Mass. 492. Rex v. Medley, 6 Car. & P. 292. Rex v. Dixon, 3 M. & S. 11.

Exceptions overruled.

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Bluebook (online)
5 N.E. 834, 140 Mass. 441, 1886 Mass. LEXIS 62, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-kelley-mass-1886.