Commonwealth v. Turner

Judge Marshall

delivered the opinion of the Court.

The general charge in this indictment, that the defendant “did then and there, in said house, keep a tippling house, without having first obtained a license then and there to keep a tavern,” is of itself sufficient, as heretofore decided in Morrison vs The Commonwealth, (7 Dana, 218,) and other cases, unless restricted by other words of the indictment, specifying the facts to which the general charge is intended to apply, and which do not, in themselves, make the offence of keeping a tippling house; and there is not, in our opinion, any such…