Commonwealth v. Powers
Massachusetts Supreme Judicial Court
Complaint on the Gen. Sts. c. 87, § 6, charging the defendant with keeping and maintaining a tenement used for the illegal sale and illegal keeping of intoxicating liquors on August 1,1873, and on divers other days until September 17 next following.
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Complaint on the Gen. Sts. c. 87, § 6, charging the defendant with keeping and maintaining a tenement used for the illegal sale and illegal keeping of intoxicating liquors on August 1,1873, and on divers other days until September 17 next following. At the trial in the Superior Court, before Bacon, J., it was shown that a ten-gallon keg, containing about two gallons of whiskey, was found in the attic of the building on the lower floor of which it was contended that the offence was committed. The keg was seized on a search warrant on September 13. One Riley testified that he occupied the whole…
1Opinion of the CourtMorton, J.
At the trial it appeared that a keg containing whiskey was seized under a search warrant, upon the premises alleged to have been occupied by the defendant. The only question presented to us is as to the admissibility of the testimony of the officers who made the seizure, that there was a United States revenue stamp upon the keg bearing the date of “August 17, 1873.” We are of opinion that this testimony was properly admitted. It was competent for the government to put in evidence a description of the keg seized, including a description of the tags, labels or stamps upon it. This was proper…
2Cases cited2 opinions
- Commonwealth v. MorrellMassachusetts Supreme Judicial Court · 1868
- Commonwealth v. JenningsMassachusetts Supreme Judicial Court · 1871
3Cited by2 opinions
- Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1878
- Roosevelt v. EckardCity of New York Municipal Court · 1885