State v. Plunkett
Supreme Judicial Court of Maine
On exceptions. Search and seizure process, under R. S., c. 27, § 35, issued September 25, 1873, upon complaint of the sheriff, in the form prescribed by law, that he believed “that on the twenty-fourth day of that month, and on the day of the complaint, intoxicating liquors were kept in Portland by Patrick Plunkett in the dwelling-house and its appurtenances situated on the southerly side of Adams street, and numbered two on said street; a part of which said dwelling house…
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On exceptions. Search and seizure process, under R. S., c. 27, § 35, issued September 25, 1873, upon complaint of the sheriff, in the form prescribed by law, that he believed “that on the twenty-fourth day of that month, and on the day of the complaint, intoxicating liquors were kept in Portland by Patrick Plunkett in the dwelling-house and its appurtenances situated on the southerly side of Adams street, and numbered two on said street; a part of which said dwelling house is used for the purposes of traffic by the said Plunkett.” Upon the warrant issued on this complaint liquors were, the…
1Opinion of the CourtAppleton, C. J.
This is a search and seizure complaint. The building to be searched was the dwelling house of the defendant. The proceedings are in due form of law. The essential facts to justify such search were duly set forth. The jury, upon satisfactory evidence, have rendered a verdict against the defendant and the liquors found. In other words, the defendant is guilty of having liquors with intent to sell the same in violation of law. The offence is established. The liquors are liable to forfeiture — the defendant to the penalty provided by the statute.
*537The affidavit required by R. S., c. 27, § 35, is a…
2Cases cited2 opinions
- Commonwealth v. KelleyMassachusetts Supreme Judicial Court · 1874
- Commonwealth v. StoehrMassachusetts Supreme Judicial Court · 1872
3Cited by10 opinions
- Rose v. StateIndiana Supreme Court · 1909
- State v. HawkinsSupreme Judicial Court of Maine · 1970
- State v. BoisvertSupreme Judicial Court of Maine · 1967
- State of Maine v. Nicholas W. NorrisSupreme Judicial Court of Maine · 2023
- Combs v. CommonwealthCourt of Appeals of Kentucky · 1916
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