Legal Opinion

State v. Intoxicating Liquors

Supreme Judicial Court of Maine

Decided November 23, 1909PublishedCited by 5 opinions

On report. Search and seizure process issued by the Lewiston Municipal ■ Court whereby certain liquors were seized at the depot of the Grand Trunk Railway Company in Lewiston. These liquors were duly libelled and the Grand Trunk Railway Company appeared as claimant. The liquors were declared forfeited and the claimant appealed to the Supreme Judicial Court.

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On report. Search and seizure process issued by the Lewiston Municipal ■ Court whereby certain liquors were seized at the depot of the Grand Trunk Railway Company in Lewiston. These liquors were duly libelled and the Grand Trunk Railway Company appeared as claimant. The liquors were declared forfeited and the claimant appealed to the Supreme Judicial Court. After the evidence had been taken out in the Supreme Judicial Court, the case was reported to the Law Court for determination. The report states the material facts as follows: "It is admitted that Charles Sabourin, deputy sheriff, on the…

1Opinion of the CourtEmery, C. J.

Ten cases containing one hundred and twenty quart bottles of whiskey consigned to J. Hume, were seized at the depot of the Grand Trunk Railway Company in Lewiston, and were duly libelled and are claimed by that railroad company.

The first question is whether the whiskey was intended for unlawful sale. Unexplained, we think the quantity is sufficient evidence of such intention, and no explanation is offered.

The next question is whether at the time of seizure the whiskey was so far undelivered and in the custody of the railroad company *140as an interstate common carrier as to be within the…

2Cases cited3 opinions

  1. Heyman v. Southern Railway Co.Supreme Court of the United States · 1906
  2. Whitney Manuf. Co. v. Richmond, R. R.Supreme Court of South Carolina · 1893
  3. Kenny Co. v. Atlanta & West Point RailroadSupreme Court of Georgia · 1905

3Cited by5 opinions

  1. O'KELLEY v. United StatesCourt of Appeals for the Eighth Circuit · 1941
  2. State v. FordSupreme Court of Iowa · 1913
  3. Anthony & Jones Co. v. New York Central & Hudson River RailroadNew York Court of Appeals · 1918
  4. B. Priestley & Co. v. Cunard S. S. Co.Court of Appeals for the Second Circuit · 1928
  5. City of Duluth v. SidenSupreme Court of Minnesota · 1926

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