Legal Opinion

Commonwealth v. Certain Intoxicating Liquors

Massachusetts Supreme Judicial Court

Decided October 21, 1886PublishedCited by 2 opinions

Complaint, on the Pub. Sts. c. 100, § 30, to the Central District Court of Worcester, alleging that, on July 6, 1886, certain intoxicating liquors were kept and deposited by Thomas Kelley in a certain dwelling-house, the cellar under the same, the outbuildings, and the premises there situate, to wit, on Woodland Street in Worcester, and occupied by Kelley, a place of common resort being then kept therein, which liquors were intended by Kelley for unlawful sale in this…

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Complaint, on the Pub. Sts. c. 100, § 30, to the Central District Court of Worcester, alleging that, on July 6, 1886, certain intoxicating liquors were kept and deposited by Thomas Kelley in a certain dwelling-house, the cellar under the same, the outbuildings, and the premises there situate, to wit, on Woodland Street in Worcester, and occupied by Kelley, a place of common resort being then kept therein, which liquors were intended by Kelley for unlawful sale in this Commonwealth; and praying for a warrant to search said premises for said liquors, that the same might be declared to be…

1Opinion of the CourtMorton, C. J.

In the body of the complaint, Freewaldau C. Thayer and Amos Atkinson are named as complainants. The complaint is signed “ F. C. Thayer, Amos Atkinson, complainants.” The form of the signature and the official certificate of the clerk of the court clearly show that F. C. Thayer was one of the complainants, and identifies the F. C. Thayer who signed and swore to the complaint as the same person described as Freewaldau C. Thayer in the complaint. Commonwealth v. Quin, 5 Gray, 478. Commonwealth v. Wallace, 14 Gray, 382. ISTo other insufficiency in the complaint was suggested at the argument, and…

2Cited by2 opinions

  1. Steward v. StateIndiana Supreme Court · 1913
  2. People v. BurtMichigan Supreme Court · 1926

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