Commonwealth v. Foss

Shaw, C. J.

1. The proof from town records was not secondary ; it was admissible without notice to the defendant to produce his certificate.

*522. In a charge of a nuisance in violation of St. 1855, c. 405, § 1, an averment of keeping a tenement used for the illegal sale and keeping of intoxicating liquors is not bad for duplicity. Commonwealth v. Kimball, 7 Gray, 330. Commonwealth v Kelley & France, 7 Gray, 332, note. Exceptions overruled.