State v. Conwell
Supreme Judicial Court of Maine
Exceptions by respondent. Complaint and warrant in the usual form, issued thereon by the judge of the municipal court for the city of Portland on Sunday, December 23, 1900, for search of a dwelling-house on Spring street in Portland, and seizure of intoxicating liquors alleged lo have been kept there intended for sale in violation of law.
Read the full summary
Exceptions by respondent. Complaint and warrant in the usual form, issued thereon by the judge of the municipal court for the city of Portland on Sunday, December 23, 1900, for search of a dwelling-house on Spring street in Portland, and seizure of intoxicating liquors alleged lo have been kept there intended for sale in violation of law. The case comes to this court from the Superior court of Cumberland county to which respondent appealed, on exceptions by respondent to the overruling of his demurrer to the complaint.
1Opinion of the CourtPowers, J.
This was a search and seizure warrant issued under 11. S., c. 27, § 40, before the enactment of c. 201 Public Laws, 1901. The respondent excepts to the overruling of his demurrer, and the only question involved is whether the fact that the warrant was issued upon the Lord’s day, renders it invalid.
There is no statute in this State which declares such a warrant void. Works of necessity are expressly excepted from the prohibition against labor and business contained in II. S., c 124, § 20. Whatever is necessary to prevent crime and apprehend persons charged with its commission is within that…
2Cases cited2 opinions
- Pearce v. AtwoodMassachusetts Supreme Judicial Court · 1816
- Wright v. DresselMassachusetts Supreme Judicial Court · 1885
3Cited by10 opinions
- People v. ChildersNew York Supreme Court · 1967
- Armstrong v. StateMississippi Supreme Court · 1943
- Herrick v. StateSupreme Judicial Court of Maine · 1963
- Pedersen v. Logan Square State & Savings BankIllinois Supreme Court · 1941
- People v. KramerMichigan Supreme Court · 1923
5 more not listed; retrieve them via the Exa API.