Commonwealth v. Certain Intoxicating Liquors
Massachusetts Supreme Judicial Court
Complaint to the municipal court of the city of Boston, on the St. of 1869, e. 415, § 44, averring that certain intoxicating liquors were “ kept and deposited by Thomas Inglis of Boston, in a certain building situate on Tremont Street and numbered thirty-one on said street in said Boston, and the first floor and cellar of said building and the back room over the rear part of the store in said building,” and praying for a warrant to search “ said building described as…
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Complaint to the municipal court of the city of Boston, on the St. of 1869, e. 415, § 44, averring that certain intoxicating liquors were “ kept and deposited by Thomas Inglis of Boston, in a certain building situate on Tremont Street and numbered thirty-one on said street in said Boston, and the first floor and cellar of said building and the back room over the rear part of the store in said building,” and praying for a warrant to search “ said building described as aforesaid.” The warrant described the premises where the liquors were alleged to be kept as “ a certain building situate on…
1Opinion of the CourtGkay, J.
The St. of 1869, c. 415, § 46, in accordance with the principles of the common law and of the fourteenth article of our Declaration of Rights, requires that in cases like this “ the complaint shall particularly designate so as to identify the building, structure and place to be searched,” and that it shall be set out in the warrant “ by special designation and with the same particularity as in the complaint.”
The complaint in the present case, after designating the building and place, in which the liquors are alleged to be kept, as a certain building numbered 31 on Tremont Street in Boston,…
2Cases cited1 opinion
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1871
3Cited by5 opinions
- Rose v. StateIndiana Supreme Court · 1909
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1872
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1874
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1874