Commonwealth v. Purdy
Massachusetts Supreme Judicial Court
Complaint dated August 23, 1887, alleging that the defendant on April 1,1887, at Medway, “ and on divers days and times between said first day of April and the first day of November, eighteen hundred and eighty-six, did keep intoxicating liquors with intent to sell the same.” ■ At the trial in the Superior Court, on appeal, before Blodgett, J., evidence was admitted, against the objection of the defendant, that on July' 3, 1886, a seizure of liquors was made in the…
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Complaint dated August 23, 1887, alleging that the defendant on April 1,1887, at Medway, “ and on divers days and times between said first day of April and the first day of November, eighteen hundred and eighty-six, did keep intoxicating liquors with intent to sell the same.” ■ At the trial in the Superior Court, on appeal, before Blodgett, J., evidence was admitted, against the objection of the defendant, that on July' 3, 1886, a seizure of liquors was made in the dwelling-house occupied by the defendant, but not in the part occupied by him as a store; and that the defendant, in a…
1Opinion of the CourtMorton, C. J.
The offence of keeping intoxicating liquors with intent to sell the same unlawfully may extend over many successive days, and may properly be charged with a continuando. Commonwealth v. Chisholm, 103 Mass. 213. When a continuing offence is charged, the time alleged is material; it is descriptive *139of the offence, and fixes its identity; and the evidence generally must be confined to acts done within the time specified, and the defendant can be convicted only for such acts. Commonwealth v. Briggs, 11 Met. 573. Commonwealth v. Elwell, 1 Gray, 463. Commonwealth v. Dunster, 145 Mass. 101.
In the…
2Cases cited1 opinion
- Commonwealth v. DunsterMassachusetts Supreme Judicial Court · 1887
3Cited by5 opinions
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