Commonwealth v. Certain Intoxicating Liquors
Massachusetts Supreme Judicial Court
Complaint to the municipal court of the city of Boston, under the St. of 1869, c. 415, § 44, that certain intoxicating liquors were kept and deposited by John Cahill of Boston “in a certain building situate on Blackstone Street and numbered one hundred and fifty-two on said street in said Boston, and the first floor of said building, occupied by said Cahill as a place of common resort kept therein,” and praying for a warrant to search “ said first floor of said building.”
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Complaint to the municipal court of the city of Boston, under the St. of 1869, c. 415, § 44, that certain intoxicating liquors were kept and deposited by John Cahill of Boston “in a certain building situate on Blackstone Street and numbered one hundred and fifty-two on said street in said Boston, and the first floor of said building, occupied by said Cahill as a place of common resort kept therein,” and praying for a warrant to search “ said first floor of said building.” The warrant described the premises where the liquors were alleged to be kept, in the same words as the complaint, and…
1Opinion of the CourtAmes, J.
The complaint charges that the liquors in question are kept by John Cahill in a certain building, (which is accurately described,) and the first floor of the said building, occupied by him as a place of common resort; and the warrant limits the search to that part of the building. We see no ground for the suggestion that there is a variance between the charge and the *218proof, or between the complaint and the warrant. The charge is, that the liquors are kept, not in the building indiscriminately, but in that part of it, viz.: the first floor, which was occupied by Cahill. The jury were…
2Cited by3 opinions
- Steward v. StateIndiana Supreme Court · 1913
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1874
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1872