Commonwealth v. Bacon
Massachusetts Supreme Judicial Court
Complaint on the Gen. Sts. c. 87, §§ 6, 7, to the municipal court of the city of Worcester, that Ira P. Bacon of Millbury, on April 1,1870, and divers other days and times between that day and February 20, 1871, did keep and maintain at the city of Worcester “a certain tenement, there situate,” then and there used for the illegal sale and illegal keeping of intoxicating liquor.
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Complaint on the Gen. Sts. c. 87, §§ 6, 7, to the municipal court of the city of Worcester, that Ira P. Bacon of Millbury, on April 1,1870, and divers other days and times between that day and February 20, 1871, did keep and maintain at the city of Worcester “a certain tenement, there situate,” then and there used for the illegal sale and illegal keeping of intoxicating liquor. At the trial in the superior court, on appeal, before Pitman, J., the evidence tended to show that the defendant kept and maintained such a tenement in Millbury; and thereupon he contended that there was a fatal…
1Opinion of the Court
By the Coubt.
The offence charged was local in its nature, and the proof of the city or town in which it was committed must correspond with the allegation in the complaint or indictment. Commonwealth v. Logan, 12 Gray, 136. Commonwealth v. Heffron, 102 Mass. 148.
Exceptions sustained
2Cases cited1 opinion
- Commonwealth v. HeffronMassachusetts Supreme Judicial Court · 1869
3Cited by3 opinions
- Commonwealth v. MatthewsMassachusetts Supreme Judicial Court · 1896
- Commonwealth v. HerseyMassachusetts Supreme Judicial Court · 1887
- Commonwealth v. KernMassachusetts Supreme Judicial Court · 1888