Commonwealth v. Certain Intoxicating Liquors
Massachusetts Supreme Judicial Court
Complaint under the St. of 1869, c. 415, to a trial justice within and for this county, on September 13,1869, that certain intoxicating liquors, (particularly described,) on September 11. 1869, “ were, and still are, kept and deposited by Ansel Smith of Northampton in said county and the Commonwealth of Massachusetts, in a certain vehicle, to wit, a certain two hors wags, driven by said Ansel Smith, in said Northampton in said county, said liquor kept, deposited and being…
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Complaint under the St. of 1869, c. 415, to a trial justice within and for this county, on September 13,1869, that certain intoxicating liquors, (particularly described,) on September 11. 1869, “ were, and still are, kept and deposited by Ansel Smith of Northampton in said county and the Commonwealth of Massachusetts, in a certain vehicle, to wit, a certain two hors wags, driven by said Ansel Smith, in said Northampton in said county, said liquor kept, deposited and being conveyed as aforesaid to another person other than the said Ansel Smith, to wit, one Patrick Maloney, said Patrick Maloney…
1Opinion of the CourtChapman, C. J.
The magistrate properly made his proceedings returnable to the criminal term of the superior court to be held in December, instead of the civil term to be held in October; for civil business only can be done at the civil term, and criminal business at the criminal term.
The complaint contains a sufficient description of the vehicle in which the liquors were kept, without the words which are said to be insensible and unintelligible, and these words were properly rejected as surplusage.
The allegation of the intent to sell conforms to the provisions of the St. of 1869, c. 415. The seizure, the…
2Cases cited1 opinion
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1870
3Cited by7 opinions
- Rose v. StateIndiana Supreme Court · 1909
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1873
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1914
- State v. KnowltonSupreme Judicial Court of Maine · 1879
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1888
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