Commonwealth v. Certain Intoxicating Liquors
Massachusetts Supreme Judicial Court
Complaint under the Gen. Sts. c. 86, § 42, to the police court of Salem, for a warrant of search for certain intoxicating liquors. It appearing to that court that the liquors seized on the warrant exceeded twenty dollars in value, a notice to the claimant was duly issued and served, returnable to the superior court, to which certified copies of the complaint, warrant, and other papers in the case, were transmitted.
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Complaint under the Gen. Sts. c. 86, § 42, to the police court of Salem, for a warrant of search for certain intoxicating liquors. It appearing to that court that the liquors seized on the warrant exceeded twenty dollars in value, a notice to the claimant was duly issued and served, returnable to the superior court, to which certified copies of the complaint, warrant, and other papers in the case, were transmitted. At the trial in that court the jury returned a verdict that the liquors seized were kept as alleged in the complaint; and the claimant filed a motion in arrest of judgment,…
1Opinion of the CourtChapman, J.
By Gen. Sts. c. 86, § 54, when liquors are seized and the warrant is returned before a justice, if he finds that they are of the value of more than twenty dollars, he issues a notice returnable to the superior court. Thereupon that court has jurisdiction of the case.
There seems to be no provision as to whether be shall send up original papers or copies. But irregularities in sending up papers do not affect jurisdiction, and therefore the motion in arrest of judgment cannot be sustained. St. 1864, c. 250, §§ 2,3. See also Gen. Sts. c. 86, § 48. • Exceptions overruled*
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2Cited by2 opinions
- Commonwealth v. OakesMassachusetts Supreme Judicial Court · 1890
- Commonwealth v. OakesMassachusetts Supreme Judicial Court · 1890