Commonwealth v. Certain Intoxicating Liquors
Massachusetts Supreme Judicial Court
Complaint to the Police Court of Salem on the St. of 1869, c. 415, § 44, alleging reason to believe and belief that certain intoxicating liquors are kept and deposited in Salem, “ in a certain tenement on Derby Square, and numbered six on said square, and the rooms over the tenement on the first floor, numbered six on said square, the entrance to said rooms being numbered eight on said square.”
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Complaint to the Police Court of Salem on the St. of 1869, c. 415, § 44, alleging reason to believe and belief that certain intoxicating liquors are kept and deposited in Salem, “ in a certain tenement on Derby Square, and numbered six on said square, and the rooms over the tenement on the first floor, numbered six on said square, the entrance to said rooms being numbered eight on said square.” The warrant issued on this complaint recited the averment of the complaint, and directed the officer “ to enter the tenement herein above described,” and make search, &c, The officer’s return on the…
1Opinion of the CourtGray, C. J.
The complaint described two distinct tenements in which liquors were alleged to be kept; the first, a tenement on Derby Square, numbered six on said square; the second, the rooms over the first, and having an entrance numbered eight on said square. The warrant directed the officer to enter and search “ the tenement ” so described, and thus authorized him to search only one tenement, leaving it to him to determine which of the two he should search, instead of clearly designating in the warrant the place to be searched, as the law required. The warrant was therefore illegal and void. St. 1869,…
2Cases cited2 opinions
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1872
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1874