State v. Spirituous Liquors
Supreme Court of New Hampshire
Libel, filed April 10, 1908, for the forfeiture of spirituous liquor. Facts found, and case transferred from the April term, 1908, of the superior court, by Wallace, C. J. February 24, 1908, John E. Gay, deputy city marshal of Concord, with other assistants, by virtue of a search warrant issued by Edmund S. Cook, justice of the peace and city solicitor of Concord, charging that Elijah and James A. Jacobs unlawfully kept for sale certain spirituous liquors, searched the…
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Libel, filed April 10, 1908, for the forfeiture of spirituous liquor. Facts found, and case transferred from the April term, 1908, of the superior court, by Wallace, C. J. February 24, 1908, John E. Gay, deputy city marshal of Concord, with other assistants, by virtue of a search warrant issued by Edmund S. Cook, justice of the peace and city solicitor of Concord, charging that Elijah and James A. Jacobs unlawfully kept for sale certain spirituous liquors, searched the premises occupied by them in Concord and seized the liquors in question. The command in the warrant under which the seizure…
1Opinion of the CourtWalker, J.
The mere fact that an officer has possession of spirituous liquors which were taken from the owner who kept them for illegal sale does not authorize their condemnation. If they were taken by him by virtue of a search warrant issued upon a complaint that does not allege that they were kept for an illegal purpose, a libel for their forfeiture cannot be sustained (State v. Liquors, 68 N. H. 47) ; or if whiskey is seized upon a warrant authorizing a search for lager beer, there can be no forfeiture of the whiskey, although the owner kept it in violation of law. State v. Lager Beer, 70 N. H. 454.…
2Cases cited7 opinions
- State Ex Rel. Thorndike v. CollinsSupreme Court of New Hampshire · 1894
- Langley v. BatchelderSupreme Court of New Hampshire · 1899
- Clark v. TiltonSupreme Court of New Hampshire · 1907
- State Ex Rel. Blodgett v. BatchellerSupreme Court of New Hampshire · 1889
- Hussey v. DavisSupreme Court of New Hampshire · 1878
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3Cited by2 opinions
- Gandreau v. United StatesCourt of Appeals for the First Circuit · 1924
- State v. JacobsenCourt of Appeals of Arizona · 1984