146 Mass. 138 | Mass. | 1888
The offence of keeping intoxicating liquors with intent to sell the same unlawfully may extend over many successive days, and may properly be charged with a continuando. Commonwealth v. Chisholm, 103 Mass. 213. When a continuing offence is charged, the time alleged is material; it is descriptive
In the case at bar the offence is charged with a continuando, and the Superior Court erred in admitting proof of acts of the defendant at times not specified in the complaint, and in ruling that he might be convicted if he kept intoxicating liquors witb intent to sell the same at any time within two years before the making of the complaint. Exceptions sustained.