Legal Opinion

Commonwealth v. Certain Intoxicating Liquors

Massachusetts Supreme Judicial Court

Decided November 15, 1870PublishedCited by 9 opinions

Complaint on the St. of 1869, c. 415, § 44, to a trial justice in Barnstable for a warrant to search a dwelling-house in Dennis, occupied by Elkanah S. Baker, for certain intoxicating liquors alleged to be kept by him therein for unlawful sale.

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Complaint on the St. of 1869, c. 415, § 44, to a trial justice in Barnstable for a warrant to search a dwelling-house in Dennis, occupied by Elkanah S. Baker, for certain intoxicating liquors alleged to be kept by him therein for unlawful sale. The affidavit made by one of the complainants, pursuant to § 45, of the reasons of his belief that intoxicating liquors had been illegally sold in the house within the preceding month, and that such liquors still were kept therein for sale contrary to law, stated the facts and circumstances, on which his belief was founded, to be, “ that many people…

1Opinion of the CourtAmes, J.

The “ facts and circumstances ” set forth in the complaint, as the ground for belief that intoxicating liquors were kept for sale in the house to be searched, were sufficient to justify the magistrate in issuing the warrant. We therefore see no cause for quashing the proceedings on that ground; and no other was relied upon in the argument. See Commonwealth v. Intoxicating Liquors, ante, 181; Commonwealth v. Leddy, ante, 381, 383.

There is however another difficulty in the case, which renders it necessary to set aside the verdict. The intent to sell contrary to law, in which the whole…

2Cited by9 opinions

  1. Commonwealth v. CostleyMassachusetts Supreme Judicial Court · 1875
  2. Commonwealth v. LowderMassachusetts Supreme Judicial Court · 2000
  3. Steward v. StateIndiana Supreme Court · 1913
  4. Commonwealth v. KozlowskyMassachusetts Supreme Judicial Court · 1923
  5. Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1874

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