Commonwealth v. Certain Intoxicating Liquors
Massachusetts Supreme Judicial Court
Complaint under St. 1869, c. 415, § 44, to the Municipal Court of Taunton. The complaint alleged that the liquors were “ kept and deposited by Albert R. White, of said Taunton, in a certain small wooden shed, in rear of another shed or storehouse, in rear of Washington Hotel, so called, occupied by said White on north side of Westminster Street in said Taunton, and occupied by said White, as a storehouse.”
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Complaint under St. 1869, c. 415, § 44, to the Municipal Court of Taunton. The complaint alleged that the liquors were “ kept and deposited by Albert R. White, of said Taunton, in a certain small wooden shed, in rear of another shed or storehouse, in rear of Washington Hotel, so called, occupied by said White on north side of Westminster Street in said Taunton, and occupied by said White, as a storehouse.” In the Superior Court, to which court the notice was made returnable,' White appeared and made claim, and before the jury was empanelled moved to quash the complaint, because the place to…
1Opinion of the Court
By the Court.
The complaint sufficiently designates, by way of allegation, and in the absence of any evidence of difficulty in ascertaining its identity, the situation of the place to be searched and its occupation by the claimant. Downing v. Porter, 8 Gray, 539. Commonwealth v. Intoxicating Liquors, 107 Mass. 386.
The evidence admitted to prove that the street in question was commonly known as Westminster Street, was competent and sufficient to support the complaint. Commonwealth v. Intoxicating liquors, 6 Allen, 596. Putnam v. Bond, 100 Mass. 58.
Exceptions overruled.
2Cases cited2 opinions
- Putnam v. BondMassachusetts Supreme Judicial Court · 1868
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1871
3Cited by4 opinions
- Rose v. StateIndiana Supreme Court · 1909
- Metcalf v. WeedSupreme Court of New Hampshire · 1889
- Rhodes v. StateCourt of Criminal Appeals of Texas · 1938
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1888