Legal Opinion

State v. Miller

Supreme Judicial Court of Maine

Decided July 1, 1859PublishedCited by 9 opinions

On Exceptions to the rulings of Appleton, J., Complaint to search for and seize intoxicating liquors, . alleged to have been kept by the respondents at their store in Bangor, and “ intended for sale within this State, in violation of law.” The complaint was made to the Judge of the Police Court of Bangor, who issued a warrant, upon which fhe officer seized certain liquors found in the respondents’ store, and arrested them.

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On Exceptions to the rulings of Appleton, J., Complaint to search for and seize intoxicating liquors, . alleged to have been kept by the respondents at their store in Bangor, and “ intended for sale within this State, in violation of law.” The complaint was made to the Judge of the Police Court of Bangor, who issued a warrant, upon which fhe officer seized certain liquors found in the respondents’ store, and arrested them. The officer made return of his warrant on the ninth day of November, before said Judge, when, upon the motion of the respondents and at their request, he continued the case…

1Opinion of the Court

The opinion of the Court was drawn up by

Davis, J.

This case comes before us upon exceptions, and a motion in arrest of judgment. The defendants were arrested upon a warrant, issued on a complaint charging them with having in their possession intoxicating liquors, intended for sale in this State, in violation of law. A quantity of intoxicating liquors, found in their possession, was seized upon the same warrant.

The constitutionality of the statute, authorizing the search for and seizure of liquors*, has been elaborately argued by *581counsel; and the case of Fisher v. McGirr, 1 Gray, 29, is relied…

2Cited by9 opinions

  1. People v. De La MaterMichigan Supreme Court · 1921
  2. Campbell v. StateIndiana Supreme Court · 1909
  3. Loesch v. KoehlerIndiana Supreme Court · 1896
  4. State v. McManusSupreme Court of Kansas · 1902
  5. Ferguson v. JoseySupreme Court of Arkansas · 1902

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