Commonwealth v. Certain Intoxicating Liquors
Massachusetts Supreme Judicial Court
Complaint to a trial justice, on the St. of 1869, c. 415, §§ 87, 44, for a warrant to search a vehicle for intoxicating liquors. The liquors were seized on the warrant, and Hugh Owen was summoned as claimant.
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Complaint to a trial justice, on the St. of 1869, c. 415, §§ 87, 44, for a warrant to search a vehicle for intoxicating liquors. The liquors were seized on the warrant, and Hugh Owen was summoned as claimant. He appeared accordingly in the superior court, and made objection to the maintenance of the proceedings, raising a question of law, which Wilkinson, J., reported, with the consent of the defendant and of the attorney for the Commonwealth, before verdict, for the determination of this court.
1Opinion of the Court
By the Court.
This court has no jurisdiction of the question argued until after the case shall have been finally disposed of *469in the superior court. The power of that court to report a question of law arising in a criminal case can only be exercised after conviction, and “ if the defendant desires it or consents to it.” Gen. Sts. c. 173, § 8. The St. of 1869, c. 438, authorizing the superior court, “ by consent of the parties to the suit,” to report to .this court before verdict “ questions of law, whether arising upon a trial or other proceeding,” was manifestly intended to apply to civil…
2Cases cited1 opinion
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1869
3Cited by6 opinions
- Commonwealth v. BurtonMassachusetts Supreme Judicial Court · 1903
- Terry v. BrightmanMassachusetts Supreme Judicial Court · 1880
- Smith v. LincolnMassachusetts Supreme Judicial Court · 1908
- Commonwealth v. CroninMassachusetts Supreme Judicial Court · 1923
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1871
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