State v. Hall
Supreme Judicial Court of Maine
Ox exceptions from superior court. cited: Com. v. Henry, 7 Cush. 512; Tubbs v. Tukey, 3 Cush. 438: Hearsey v. Bradbury, 9 Mass. 95 ; Morrill v. Cook, 35 Maine., 207; 2 Hawkins, P. C. c. 13 ; 1 Hale, P. C. 581. This warrant was directed to the town or city constables but it was served by the state constable for Kennebec county. Some decisions have held that civil writs may be served by-constables if otherwise within their powers though not directed to them.
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Ox exceptions from superior court. cited: Com. v. Henry, 7 Cush. 512; Tubbs v. Tukey, 3 Cush. 438: Hearsey v. Bradbury, 9 Mass. 95 ; Morrill v. Cook, 35 Maine., 207; 2 Hawkins, P. C. c. 13 ; 1 Hale, P. C. 581. This warrant was directed to the town or city constables but it was served by the state constable for Kennebec county. Some decisions have held that civil writs may be served by-constables if otherwise within their powers though not directed to them. In State v. Kenniston, 67 Maine, 558, the return was made 'by an officer to whom the search warrant was directed. It was •held that the…
1Opinion of the CourtFoster, J.
This was a complaint and warrant for search and seizure under § 40, c. 27, K. S., relating to intoxicating liquors. 'The warrant was issued from the municipal court of the city of 'Gardiner, and directed to the sheriff of the county of Kennebec or either of his deputies or either of the constables of the city ■of Gardiner or either of the towns within said county. Service • of said warrant and return thereon was made by a constable of the county appointed in accordance with § 62 of said chapter. The case having .been appealed to the superior court, a motion was made to dismiss the proceedings…
2Cases cited3 opinions
- Hearsey v. BradburyMassachusetts Supreme Judicial Court · 1812
- Wood v. RossMassachusetts Supreme Judicial Court · 1814
- Bassett v. HoworthMassachusetts Supreme Judicial Court · 1870
3Cited by2 opinions
- Commonwealth v. SchwartzSuperior Court of Pennsylvania · 1923
- State v. HathorneSupreme Judicial Court of Maine · 1978