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Commonwealth v. Certain Intoxicating Liquors
110 Mass. 499
Mass.
1872
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Gray, J.

The description, in the complaint and warrant, of the place to be searched, shows that the building described is occupied in part by another person than the claimant; and the warrant, as prayed for and granted, is to enter and search the whole building, which would include any part of it occupied exclusively by a person who had no notice of, and is no party to, this proceeding. The complaint and warrant are therefore too general, and must be quashed. St. 1869, c. 415, § 46. Commonwealth v. Intoxicating Liquors, 109 Mass. 371.

Exceptions sustained and complaint dismissed.

Case Details

Case Name: Commonwealth v. Certain Intoxicating Liquors
Court Name: Massachusetts Supreme Judicial Court
Date Published: Nov 15, 1872
Citation: 110 Mass. 499
Court Abbreviation: Mass.
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