Commonwealth v. Certain Intoxicating Liquors
Massachusetts Supreme Judicial Court
The first case was a complaint on the St. of 1869, c. 415, § 44, to the municipal court of the city of Worcester, for a warrant to search for certain intoxicating liquors alleged to be kept for unlawful sale, in that city, by Andrew Martin. The liquors were seized on the warrant; and Martin was summoned as claimant.
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The first case was a complaint on the St. of 1869, c. 415, § 44, to the municipal court of the city of Worcester, for a warrant to search for certain intoxicating liquors alleged to be kept for unlawful sale, in that city, by Andrew Martin. The liquors were seized on the warrant; and Martin was summoned as claimant. He appeared accordingly in the superior court; and, before the jury were empanelled, he filed a motion to quash the proceedings, for the reason, among others, “ that it was not alleged in the warrant that probable cause has been shown for issuing the same.” This motion Dewey, J.,…
1Opinion of the CourtMorton, J.
Before the jury were sworn in the superior court, the claimant filed a motion to quash the proceedings, specifically assigning, as one of the objections thereto, that the warrant did not allege that probable cause had been shown for the issuing of the same. The question is thus presented to us, whether the failure to make this allegation in the warrant is fatal to its validity.
The St. of 1869, e. 415, § 46, provides that the warrant “ shall allege that probable cause has been shown for the issuing thereof.’ Section 66 of the same statute is as follows: “ The following forma may be used in…
2Cases cited1 opinion
- Smith v. KenistonMassachusetts Supreme Judicial Court · 1868
3Cited by7 opinions
- Wolf v. ColoradoSupreme Court of the United States · 1949
- Sparks v. United StatesCourt of Appeals for the Sixth Circuit · 1937
- Commonwealth v. MoreiraMassachusetts Supreme Judicial Court · 1983
- Reichman v. HarrisCourt of Appeals for the Sixth Circuit · 1918
- Commonwealth v. Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1872
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