McGlinchy v. Barrows
Supreme Judicial Court of Maine
On Report from Nisi Prius, Howard, J., presiding. Trespass quare clausum. The defendants justified as officers, acting under a warrant for entering and searching the shop and the premises and the dwelling-house connected therewith, “ of Edward Gould, otherwise called Edward Goulding, and a person or persons unknown,” for the purpose of seizing intoxicating liquors, alleged to be kept and deposited there by said Gould, otherwise called Goulding, or by a person or persons…
Read the full summary
On Report from Nisi Prius, Howard, J., presiding. Trespass quare clausum. The defendants justified as officers, acting under a warrant for entering and searching the shop and the premises and the dwelling-house connected therewith, “ of Edward Gould, otherwise called Edward Goulding, and a person or persons unknown,” for the purpose of seizing intoxicating liquors, alleged to be kept and deposited there by said Gould, otherwise called Goulding, or by a person or persons unknown, and “intended for sale within said State, in violation of law.” The warrant was issued May 3, 1854, and was served…
1Opinion of the CourtAppleton, J.
The statute of 1853, c. 48, § 11, prescribes when and on what conditions a warrant may issue for the search of “ any dwelling-house in which or a part of which a shop is not kept,” &c. It is not alleged that the preliminary testimony, prescribed by this section, has been taken, or that a justification has been made out by virtue of its provisions.
The warrant, under which the defendants justify, like the complaint, alleges that “spirituous and intoxicating liquors were, and still are kept and deposited by Edward Gould, otherwise called Edward Goulding, or by a person or persons unknown, of…
2Cited by2 opinions
- State ex rel. King v. District CourtMontana Supreme Court · 1924
- State v. Spirituous LiquorsSupreme Court of New Hampshire · 1894