Commonwealth v. Certain Intoxicating Liquors
Massachusetts Supreme Judicial Court
Complaint on the St. of 1876, c. 162, to the Municipal Court of the city of Boston, alleging reason to believe and belief that certain intoxicating liquors are kept and deposited in a certain building in Boston, “ situate in Federal Street, and numbered two hundred and ninety-one and two hundred and ninety-three in said street, in said Boston, in the basement and first story of said building,” occupied by the claimant as a place of common resort, with intent to sell the same…
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Complaint on the St. of 1876, c. 162, to the Municipal Court of the city of Boston, alleging reason to believe and belief that certain intoxicating liquors are kept and deposited in a certain building in Boston, “ situate in Federal Street, and numbered two hundred and ninety-one and two hundred and ninety-three in said street, in said Boston, in the basement and first story of said building,” occupied by the claimant as a place of common resort, with intent to sell the same in violation of law. The warrant issued on this complaint recited the averment of the complaint, and directed the…
1Opinion of the CourtMorton, J.
1. The motion to quash was rightly overruled. The complaint and warrant sufficiently describe the place to be searched so as to identify it.
2. The questions put to witnesses, “ Do you know who kept the place ? ” and “ Do you know who was in charge of the premises ? ” wére accompanied by a direction of the court to the witnesses to state only what they knew of their own knowledge, and what they had seen the claimant do about the place. Thus limited, they were not open to exception.
3. The evidence that there was a sign over the door with the claimant’s name upon it was clearly competent.
4. The…
2Cases cited1 opinion
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1871
3Cited by5 opinions
- Rose v. StateIndiana Supreme Court · 1909
- The People v. HoltonIllinois Supreme Court · 1927
- State v. FordSupreme Court of Kansas · 1907
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1888
- Hutchinson Amusement Co. v. RobensteinMassachusetts District Court, Appellate Division · 1938