Commonwealth v. Intoxicating Liquors
Massachusetts Supreme Judicial Court
Complaint under St. 1869, c. 415, § 44, as follows: “ To the Central District Court of Worcester, in the county of Worcester, and Commonwealth of Massachusetts, James M. Drennan, of Worcester, and Samuel J. Fletcher, hath of said county, and both of full age, and competent to testify, in behalf of said Commonwealth, on oath complain, that they have reason to believe, and do believe that intoxicating liquors, to wit: a certain quantity of whiskey, being about, and not…
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Complaint under St. 1869, c. 415, § 44, as follows: “ To the Central District Court of Worcester, in the county of Worcester, and Commonwealth of Massachusetts, James M. Drennan, of Worcester, and Samuel J. Fletcher, hath of said county, and both of full age, and competent to testify, in behalf of said Commonwealth, on oath complain, that they have reason to believe, and do believe that intoxicating liquors, to wit: a certain quantity of whiskey, being about, and not exceeding five hundred gallons; a certain quantity of gin, being about, and not exceeding five hundred gallons; a certain…
1Opinion of the CourtEndicott, J.
This case comes before us on a motion to quash, which was overruled, and also on exceptions taken at the trial. We think the motion to quash was properly overruled, and that none of the claimants’ numerous exceptions can be sustained.
The complaint and warrant are not defective in failing to describe more fully the residence of Fletcher, one of the complainants. His residence was entirely immaterial upon any issue presented, and therefore need not be alleged or proved. His name and the allegation that he was of the county of Worcester were sufficient to identify him, so that he could be…
2Cases cited3 opinions
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1867
- Commonwealth v. Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1872
- Commonwealth v. BlanchardMassachusetts Supreme Judicial Court · 1870
3Cited by3 opinions
- Commonwealth v. Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1909
- Commonwealth v. CourtneyMassachusetts Supreme Judicial Court · 1923
- Cummings v. ForristallMassachusetts District Court, Appellate Division · 1940