Opinion · Massachusetts Supreme Judicial Court
Commonwealth v. Certain Intoxicating Liquors
122 Mass. 14
- Type
- Opinion
- Court
- Massachusetts Supreme Judicial Court
- Jurisdiction
- Massachusetts
- Date
- 1877-01-19
- Topic
- bankruptcy
Endicott, J. The claimant contends that, upon the evidence introduced by the government, there could be no forfeiture of the liquors, because it is not alleged in the complaint that a place of common resort was kept in the dwelling-house, and *16therefore no warrant could issue under the St. of 1876, c. 162, § 2. But it has been decided under the St. of 1869, c. 415, §§ 45, 66, now repealed, that such allegation is not necessary; that, under the provisions of those two sections construed together, a dwelling-house, used exclusively as such, might be searched, if the oath or affirmation provided in § 45, and in the form annexed to § 66, was added; and that a tavern, store, grocery, eating room or place of common resort kept therein, might be searched without such oath or affirmation. Commonwealth v Intoxicating Liquors, 108 Mass. 19. Commonwealth v.
Citator
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- Cited by
- 2 opinions
The claimant contends that, upon the evidence introduced by the government, there could be no forfeiture of the liquors, because it is not alleged in the complaint that a place of common resort was kept in the dwelling-house, and
The allegation in the complaint and warrant is not that the liquors were kept and deposited in a building occupied by the claimant as a storehouse; but in the cellar of a one and a half story wooden house, occupied by him as a storehouse. The proof was they were kept in the cellar, and there was no variance. Commonwealth v. Intoxicating Liquors, 6 Allen, 599.
Exceptions overruled.