Commonwealth v. Certain Intoxicating Liquors

110 Mass. 499

Opinion

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.