Commonwealth v. Certain Intoxicating Liquors
Massachusetts Supreme Judicial Court
Complaint on the St. of 1876, c. 162, alleging reason to be. lieve and belief that certain intoxicating liquors “ were and stilt are kept and deposited by Albert C. Andrews ” “ in the cellar of a certain one and a half story wooden house ” occupied by said Andrews “ as a storehouse for intoxicating liquors,” with intent to sell the same in violation of law, and that one of the complainants “ on oath say, that I have reason to believe and do believe, that intoxicating…
Read the full summary
Complaint on the St. of 1876, c. 162, alleging reason to be. lieve and belief that certain intoxicating liquors “ were and stilt are kept and deposited by Albert C. Andrews ” “ in the cellar of a certain one and a half story wooden house ” occupied by said Andrews “ as a storehouse for intoxicating liquors,” with intent to sell the same in violation of law, and that one of the complainants “ on oath say, that I have reason to believe and do believe, that intoxicating liquors, such as is above mentioned, has been sold in the house above mentioned by the occupant of said house, or with the…
1Opinion of the CourtEndicott, J.
The claimant contends that, upon the evidence introduced by the government, there could be no forfeiture of the liquors, because it is not alleged in the complaint that a place of common resort was kept in the dwelling-house, and *16therefore no warrant could issue under the St. of 1876, c. 162, § 2. But it has been decided under the St. of 1869, c. 415, §§ 45, 66, now repealed, that such allegation is not necessary; that, under the provisions of those two sections construed together, a dwelling-house, used exclusively as such, might be searched, if the oath or affirmation provided in § 45, and…
2Cases cited3 opinions
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1874
- Commonwealth v. Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1872
3Cited by2 opinions
- Commonwealth v. BowmanDauphin County Court of Quarter Sessions · 1935
- Ingersoll v. IngersollNew Jersey Court of Chancery · 1882