Commonwealth v. Hinds
Massachusetts Supreme Judicial Court
Indictment for an assault upon one Jillson, a constable of Orange. At the trial in the Superior Court, before Brigham, 0. J., there was evidence that Jillson, a constable of Orange, with a search-warrant, issued under Pub.
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Indictment for an assault upon one Jillson, a constable of Orange. At the trial in the Superior Court, before Brigham, 0. J., there was evidence that Jillson, a constable of Orange, with a search-warrant, issued under Pub. Sts. e. 100, § 30, and in the form prescribed by § 46, entered the building described in the warrant, occupied by the defendant as a dwelling-house and a saloon, and there, at about nine o’clock in the evening of January 18, 1887, made search for intoxicating liquors alleged in the warrant to be kept for sale in violation of law ; that in a closet in said building Jillson…
1Opinion of the CourtW. Allen, J.
The only question presented by these exceptions is, whether a warrant to search for and seize intoxicating liquors, issued under the Pub. Sts. c. 100, § 30, in the form prescribed by that statute, can be executed in the night-time. The argument for the defendant is, that there is no express authority in the statute to execute the warrant in the night-time; and that by the common law and by the statute, when no express provision is otherwise made, a search-warrant can be executed only in the day-time.
The only search-warrant known to the common law was to search for stolen goods. The usual…
2Cited by6 opinions
- United States of America Ex Rel. Rudolph Boyance v. David N. Myers, SuperintendentCourt of Appeals for the Third Circuit · 1968
- Voorhies v. Judge of Recorder's CourtMichigan Supreme Court · 1922
- Commonwealth v. GrimshawMassachusetts Supreme Judicial Court · 1992
- Commonwealth v. DiStefanoMassachusetts Appeals Court · 1986
- State v. BennetSupreme Judicial Court of Maine · 1901
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