Commonwealth v. Kern
Massachusetts Supreme Judicial Court
Indictment for keeping intoxicating liquors for sale at Attleborough, on September 30 and October 8, 1887, with intent unlawfully to sell the same in this Commonwealth.
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Indictment for keeping intoxicating liquors for sale at Attleborough, on September 30 and October 8, 1887, with intent unlawfully to sell the same in this Commonwealth. At the trial in the Superior Court, before Staples, J., the evidence tended to show that the offence was committed as alleged in a certain tenement situated in the new town of North Attleborough, and more than one hundred rods from the boundary line; and it was admitted that North Attleborough had become, under the St. of 1887, c. 412, a legally incorporated town on July 30, 1887. Upon this evidence the defendant requested the…
1Opinion of the CourtMorton, C. J.
When an offence is local in its nature, the allegation of place is a necessary part of the description of the offence, and it must be proved as laid. Thus it has been held *596that the offence of maintaining a tenement used for the illegal sale or keeping of intoxicating liquors is a local offence, like the offence of larceny in a building, or burglary, or arson, and the allegation of place is material. The locality of the tenement or building fixes the identity of the offence charged. Commonwealth v. Heffron, 102 Mass. 148. Commonwealth v. Bacon, 108 Mass. 26. But where an offence has no…
2Cases cited3 opinions
- Commonwealth v. HeffronMassachusetts Supreme Judicial Court · 1869
- Commonwealth v. LaveryMassachusetts Supreme Judicial Court · 1869
- Commonwealth v. BaconMassachusetts Supreme Judicial Court · 1871
3Cited by3 opinions
- Commonwealth v. ParrottaMassachusetts Supreme Judicial Court · 1944
- Commonwealth v. MatthewsMassachusetts Supreme Judicial Court · 1896
- Commonwealth v. RyanMassachusetts Supreme Judicial Court · 1893