McGuire v. Commonwealth
Supreme Court of the United States
A statute of Massachusetts makes it an indictable offence, punishable, with heavy fine and imprisonment, to keep any building for the sale of intoxicating liquors.
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A statute of Massachusetts makes it an indictable offence, punishable, with heavy fine and imprisonment, to keep any building for the sale of intoxicating liquors. Under this statute, and for a violation of it, a certain McGuire was indicted, in January, 1864, at Salem, Massachusetts, in the Superior Court for the transaction of criminal business of Essex County, in that State. ■ He set up as his defence a license from the Federal government, granted to him under the Internal Revenue Act, of July 1, 1863, which license was, in terms, “ to carry on the business or occupation of a wholesale…
1Opinion of the Court
The CHIEF JUSTICE
delivered the opinion of the court.
I. The first motion now made is, that in case the court shall be satisfied that it has jurisdiction of the case in the record, a writ of certiorari be sent to the Superior Court of Massachusetts, or to the Supreme Judicial Court of Massachusetts, to bring up the complete record; it being suggested that the record before us does not show the rescript of the latter court, supposed to contain its judgment in the case, sent down for execution to the former court.
It is quite clear that the record contains a case within tbe 25th section of the…
2Cases cited1 opinion
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