107 Mass. 216 | Mass. | 1871
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
By the St. of 1869, c. 151, the Commonwealth has a limited right peremptorily to challenge jurors in all criminal causes. The present complaint, although primarily a process in rem, to procure the condemnation and forfeiture of liquors illegally kept for sale, involves a criminal charge specifically set forth, of which the forfeiture is the punishment. Commonwealth v. Intoxicating Liquors, 13 Allen, 561. It is therefore a criminal cause within the meaning of the statute, and the challenge of the juror by the Commonwealth was properly allowed.
Exceptions overruled.