Commonwealth v. Intoxicating Liquors
Massachusetts Supreme Judicial Court
Complaint, received and sworn to in the First District Court of Southern Middlesex on February 8, 1908, under R. L. c. 100, § 72, for a warrant to search certain premises in South Framingham for “ a certain quantity of whiskey, being about, and not exceeding one hundred gallons,” and gin, rum, brandy, wine, ale, porter, lager beer and eider, each similarly described. A search warrant was issued and a seizure was made by a deputy sheriff.
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Complaint, received and sworn to in the First District Court of Southern Middlesex on February 8, 1908, under R. L. c. 100, § 72, for a warrant to search certain premises in South Framingham for “ a certain quantity of whiskey, being about, and not exceeding one hundred gallons,” and gin, rum, brandy, wine, ale, porter, lager beer and eider, each similarly described. A search warrant was issued and a seizure was made by a deputy sheriff. The officer’s return showed that a seizure was made, and that the following articles were taken: “ About 112 gallons of whiskey in 1445 bottles ; About 74…
1Opinion of the CourtHammond, J.
This case is before us upon the claimant’s exceptions taken at the trial before the jury, and the only question raised is that of jurisdiction. The point taken by the claimant is stated in his^ brief in the following form: “ It is the contention of the claimant that the officer who by virtue of his search warrant seized and took the liquors in controversy and against which liquors this complaint is directed, did not act in strict compliance with his authority but voluntarily transcended the limits of said authority, in that he seized a larger quantity of whiskey than authorized by his…
2Cases cited1 opinion
- Commonwealth v. Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1873
3Cited by2 opinions
- Steward v. StateIndiana Supreme Court · 1913
- Commonwealth v. CourtneyMassachusetts Supreme Judicial Court · 1923