Commonwealth v. Certain Intoxicating Liquors
Massachusetts Supreme Judicial Court
Complaint under the St. of 1869, c. 415, § 44, alleging that on December 16, 1870, certain intoxicating liquors “ were and still are kept and deposited by Daniel Calhane, of Bradford, in a certain three story wooden building situate on the westerly side of Main Street, being the building occupied in part by A. H. Atwood as a grocery store, and in the two northwesterly divisions of the cellar under the same in said Bradford, and occupied by said Daniel Calhane as a place of…
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Complaint under the St. of 1869, c. 415, § 44, alleging that on December 16, 1870, certain intoxicating liquors “ were and still are kept and deposited by Daniel Calhane, of Bradford, in a certain three story wooden building situate on the westerly side of Main Street, being the building occupied in part by A. H. Atwood as a grocery store, and in the two northwesterly divisions of the cellar under the same in said Bradford, and occupied by said Daniel Calhane as a place of common resort kept therein, and which liquors are intended by said Daniel Calhane for sale in this Commonwealth ”…
1Opinion of the CourtGray, J.
The description, in the complaint and warrant, of the place to be searched, shows that the building described is occupied in part by another person than the claimant; and the warrant, as prayed for and granted, is to enter and search the whole building, which would include any part of it occupied exclusively by a person who had no notice of, and is no party to, this proceeding. The complaint and warrant are therefore too general, and must be quashed. St. 1869, c. 415, § 46. Commonwealth v. Intoxicating Liquors, 109 Mass. 371.
Exceptions sustained and complaint dismissed.
2Cases cited1 opinion
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1872
3Cited by3 opinions
- Jackson v. StateSupreme Court of Florida · 1924
- Thompson v. StateIndiana Supreme Court · 1926
- State v. BarrelliSupreme Court of Missouri · 1927