State v. Roach

The complaint alleges that the liquors were kept or deposited in the town of Sandford.. The proof was that it was-in the town of Lebanon. The ruling at the trial was, that Hie-variance between allegation and proof was not material. We-think it was material. The offense was in its nature and consequences local. The place must be proved as laid, "where the■ penalty is given to the poor of a town or place where the offense • is committed.” 3 Green!. Ev. § 12. In this case the vessels, containing the liquors became forfeited to the town, whore the liquors were seized. B. S., c. 27, § 39. All the…