Legal Opinion

State v. Schoppe

Supreme Judicial Court of Maine

Decided January 28, 1915PublishedCited by 19 opinions

On report. A process for search and seizure of intoxicating liquors, was issued by the Bath Municipal Court on the 3d day of July, 1913. The respondent was tried in said court and found guilty, and appealed to the Supreme Judicial Court for said County. In the Supreme Judicial Court, the respondent filed a general demurrer. Without ruling upon the demurrer the case Was reported to the Law Court for determination.

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On report. A process for search and seizure of intoxicating liquors, was issued by the Bath Municipal Court on the 3d day of July, 1913. The respondent was tried in said court and found guilty, and appealed to the Supreme Judicial Court for said County. In the Supreme Judicial Court, the respondent filed a general demurrer. Without ruling upon the demurrer the case Was reported to the Law Court for determination. If the court is of the opinion that the complaint and warrant are defective, the entry is to be “Demurrer sustained; Complaint quashed;” If the complaint and warrant are held good,…

1Opinion of the CourtHanson, J.

This process for seizure of intoxicating liquors taken without a warrant, was issued by the Judge of the Municipal Court of the city of Bath. The respondent filed a demurrer to the complaint and warrant. The case was then by agreement reported to this court for determination, with the stipulation that “if the court is of the opinion that the complaint and warrant are defective, the entry is to be: ‘Demurrer sustained; complaint quashed’; if the complaint and warrant are held good, the entry is to be, ‘Demurrer overruled; judgment of the Bath Municipal Court affirmed.' ”

The complaint and…

2Cited by19 opinions

  1. Elkins v. United StatesSupreme Court of the United States · 1960
  2. Wolf v. ColoradoSupreme Court of the United States · 1949
  3. State v. StoneSupreme Judicial Court of Maine · 1972
  4. State v. CarterSupreme Judicial Court of Maine · 1980
  5. State of Maine v. Nicholas W. NorrisSupreme Judicial Court of Maine · 2023

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