Commonwealth v. Ryan
| Decision Date | 29 November 1893 |
| Citation | 160 Mass. 172,35 N.E. 673 |
| Parties | COMMONWEALTH v. RYAN. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
William H. Moody, for the Commonwealth.
H.P Moulton, for defendant.
It was conceded by the defendant that at the time alleged he had in his pocket, on his person, intoxicating liquor, which he intended to sell in violation of law. He was "keeping" the liquor in his pocket. The case is strictly within the provisions of the statute under which he was indicted. It makes no difference that he intended to make the sales in the presence of his employer. It is well settled that it is no defense for one who commits a crime to show that he was acting as servant, in the presence and under the direction of his master. Commonwealth v. Hadley, 11 Metc. (Mass.) 66; Commonwealth v Drew, 3 Cush. 279.
It is contended that the doctrine of the cases in which it is held that the mere sale of intoxicating liquors by a servant in the presence of his master is not such a participation in the act of keeping and maintaining a tenement used for the sale of intoxicating liquors as to make his servant liable, should be extended to this case. But the reason of these decisions is that the substantive offense is the keeping and maintaining of a tenement devoted to a particular illegal use, not the doing of the other illegal acts which give the tenement its character. These acts are distinct offenses, for which there may be separate indictments. A mere visitor or boarder may repeatedly, from time to time, sell intoxicating liquor in a building without having anything to do with keeping and maintaining the building, yet the building is used for the illegal sale of intoxicating liquor, whereby it becomes, by force of the statute, a common nuisance, for the maintenance of which the keeper is liable. Pub.St. c. 101, §§ 6, 7; Commonwealth v. Churchill, 136 Mass. 148; Commonwealth v. Brady, 147 Mass. 584, 18 N.E. 568. The doctrine of these cases is not to be extended to facts of a different character. In Commonwealth v. Kern, 147 Mass. 595, 18 N.E. 566, Chief Justice Morton says: ...
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Commonwealth v. Parrotta
...Creed, 8 Gray 387;Commonwealth v. Lavery, 101 Mass. 207, 208;Commonwealth v. Kern, 147 Mass. 595, 596, 18 N.E. 566;Commonwealth v. Ryan, 160 Mass. 172, 173, 174, 35 N.E. 673;Commonwealth v. Matthews, 167 Mass. 173, 174, 45 N.E. 92;Ledbetter v. United States, 170 U.S. 606, 613, 614, 18 S.Ct.......
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Commonwealth v. Parrotta
...v. Creed, 8 Gray, 387; Commonwealth v. Lavery, 101 Mass. 207 , 208; Commonwealth v. Kern, 147 Mass. 595 , 596; Commonwealth v. Ryan, 160 Mass. 172, 173-174; Commonwealth v. Matthews, 167 Mass. 173 , Ledbetter v. United States, 170 U.S. 606, 613-614. Compare Commonwealth v. Pray, 13 Pick. 35......
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...Com. v. Hoar, 121 Mass. 375. Clearly the fact that the defendant was acting as an employé would not constitute a defense. Com. v. Ryan, 160 Mass. 172, 35 N.E. 673. defendant does not bring himself within cases like Com. v. Smith, 102 Mass. 144, and Com. v. Pomphret, 137 Mass. 564, 50 Am. Re......
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Com. v. Matthews
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