Commonwealth v. Certain Intoxicating Liquors
Massachusetts Supreme Judicial Court
Complaint under the Gen. Sts. c. 86, § 42, addressed “ to the justices of the municipal court of the city of Boston holden at said Boston for the transaction of criminal business,” for a warrant of search for certain intoxicating liquors, and complaining against Frederick Johnson and Alonzo Johnson as keepers thereof.
Read the full summary
Complaint under the Gen. Sts. c. 86, § 42, addressed “ to the justices of the municipal court of the city of Boston holden at said Boston for the transaction of criminal business,” for a warrant of search for certain intoxicating liquors, and complaining against Frederick Johnson and Alonzo Johnson as keepers thereof. This was received and sworn to on Saturday, January 12, 1867, and the warrant was issued and the liquors were seized on the same day, the court being described in the warrant in the words quoted from the complaint. On Monday, January 14, (the value of the liquors being, in the…
1Opinion of the CourtFoster, J.
1. The objection that the notice was not issued within twenty-four hours after the search and seizure cannot prevail. If Sunday be excluded it was issued within twenty-four hours. And Sunday is not ordinarily to be reckoned in computing the time within which an act is to be done where the time limited is less than a week. Thayer v. Felt, 4 Pick. 354. Penniman v. Cole, 8 Met. 496. McIniffe v. Wheelock, 1 Gray, 603. The issuing of notice and service of process on Sunday were not required by the fact that criminal process may lawfully issue on that day.
Another answer to this and the other…
2Cited by2 opinions
- Commonwealth v. Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1872
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1888