Commonwealth v. Certain Intoxicating Liquors
Massachusetts Supreme Judicial Court
Complaint under the St. of 1869, c. 415, § 44, alleging that certain intoxicating liquors were kept by the claimant in a building in Boston, with an intent to sell the same in violation of law; and praying for a decree of forfeiture thereof.
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Complaint under the St. of 1869, c. 415, § 44, alleging that certain intoxicating liquors were kept by the claimant in a building in Boston, with an intent to sell the same in violation of law; and praying for a decree of forfeiture thereof. At the trial in the Superior Court, before Allen, J., the counsel for the claimant contended that the intent to sell in violation of law must be proved beyond a reasonable doubt; but the presiding judge instructed the jury, that such was not the rule in cases of this kind, “ and that the rule in civil cases must be applied; and that if as reasonable men…
1Opinion of the CourtGray, C. J.
A proceeding under the St. of 1869, c. 415, for the forfeiture of intoxicating liquors illegally kept and intended for sale, is of a criminal nature. The statute requires that both in the complaint on oath by which the proceeding is commenced, and in the search warrant issued thereon, the place to be searched, the liquors to be seized, and the person by whom they are owned or kept and intended for sale, shall be particularly designated, and “ the offence fully, plainly and substantially described.” §§ 44, 46. Commonwealth v. Intoxicating Liquors, 13 Allen, 52. Notice is to issue to the person…
2Cases cited4 opinions
- Denny v. WickliffeCourt of Appeals of Kentucky · 1858
- Attorney General v. Justices of the Municipal CourtMassachusetts Supreme Judicial Court · 1869
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1870
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1871
3Cited by7 opinions
- Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1998
- E. J. Fitzwilliam Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1927
- Steward v. StateIndiana Supreme Court · 1913
- City of Stanberry v. O'NealMissouri Court of Appeals · 1912
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1877
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