
    Commonwealth vs. Patrick Cleary.
    
      A. conviction may be had for keeping liquor with intent to sell the same in violation of the St. of 1869, c. 415, § 36, although the keeping was only on a single occasion.
    Complaint under the St. of 1869, e. 415, § 36, for keeping intoxicating liquor with intent to sell the same contrary to law.
    At the trial in the superior court, before Wilkinson, J., the evidence on which the Commonwealth relied was, that two state constables found a small quantity of liquor in the defendant’s house, under circumstances tending to show that it was for sale. The defendant requested the judge to instruct the jury, that “ the mere fact of having liquor in his possession on a single occasion was not sufficient to warrant them in finding the defendant guilty, but that the possession must be frequent or continuous, or so continuous as to constitute a business, to make it an illegal keeping under the statute; ” and the judge declined so to instruct them. The jury returned a verdict of guilty, and the defendant alleged exceptions.
    
      S. R. Townsend, for the defendant.
    
      C. Allen, Attorney General, for the Commonwealth.
   By the Court.

The possession is sufficient, if it be only on a single occasion and for a short time. Exceptions overruled.  