Commonwealth v. Certain Intoxicating Liquors
Massachusetts Supreme Judicial Court
Complaint under the St. of 1869, c. 415, § 44, to the Police Court of the city of New Bedford, by Alfred G. Hitch and George Dunham, alleging “ that they have reason to believe, and do believe, that intoxicating liquors, to wit: A certain quantity of whiskey, being about, and not exceeding two hundred (200) gallons; a certain quantity of rum, being about, and not exceeding two hundred (200) gallons; a certain quantity of brandy being about, and not exceeding one hundred…
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Complaint under the St. of 1869, c. 415, § 44, to the Police Court of the city of New Bedford, by Alfred G. Hitch and George Dunham, alleging “ that they have reason to believe, and do believe, that intoxicating liquors, to wit: A certain quantity of whiskey, being about, and not exceeding two hundred (200) gallons; a certain quantity of rum, being about, and not exceeding two hundred (200) gallons; a certain quantity of brandy being about, and not exceeding one hundred (100) gallons; a certain quantity of gin, being about, and not exceeding two hundred (200) gallons; a certain quantity of…
1Opinion of the CourtGbay, J.
Notwithstanding the ingenious argument that has been made in behalf of the claimant, the court is of opinion that neither of his exceptions can be sustained.
1. In the description in the complaint, there is no repugnancy etween the words preceding and those following the videlicet; for mixed liquors, as the statute in terms recognizes, may be intoxicating, as well as pure liquors of various kinds, whether enumerated or not in the statute or in this complaint. St. 1869 e. 415, § 30. The word “ intoxicating ” in this complaint is tc be taken as qualifying not only the word “ liquors ” before the *419…
2Cases cited1 opinion
- Commonwealth v. BennettMassachusetts Supreme Judicial Court · 1871
3Cited by4 opinions
- State v. PetersonWyoming Supreme Court · 1920
- Dupree v. StateTexas Supreme Court · 1909
- The Liquors of HorganSupreme Court of Rhode Island · 1889
- Commonwealth v. DunnMassachusetts Supreme Judicial Court · 1873