Legal Opinion

United States v. Thirty-Three Barrels of Spirits

District Court, D. Massachusetts

Decided March 15, 1868PublishedCited by 2 opinions

This was an information filed against the contents of a building upon Central wharf in Boston, to enforce a forfeiture under the internal revenue law. The property was claimed by John Lombard. Upon the trial it appeared that the building in question was of four stories in height. In the attic story there was a still, and here, as the evidence indicated, a business of distilling had been carried on in violation of the revenue law.

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This was an information filed against the contents of a building upon Central wharf in Boston, to enforce a forfeiture under the internal revenue law. The property was claimed by John Lombard. Upon the trial it appeared that the building in question was of four stories in height. In the attic story there was a still, and here, as the evidence indicated, a business of distilling had been carried on in violation of the revenue law. The second and third stories contained barrels, chemicals, and other articles of a character adapted to the distilling business. The first floor was occupied by a…

1Opinion of the Court

LOWELL, District Judge.

In this case there is a motion for a new trial, on the ground that the verdict is against the weight of the evidence; and a motion in arrest of judgment. The information, as amended, alleges in the fifth count that certain distilled spirits were found at number 45 Central wharf, Boston, in the possession, custody, and control of one John Lombard, for the purpose of being sold by him in fraud of the revenue laws; that two hogsheads of molasses were found at the same place in the possession of said Lombard, and were raw materials which he intended to manufacture into…

2Cases cited2 opinions

  1. Sprague v. BirdsallNew York Supreme Court · 1823
  2. Coolidge v. WilliamsMassachusetts Supreme Judicial Court · 1808

3Cited by2 opinions

  1. In re HurleyDistrict Court, W.D. New York · 1930
  2. Ryan v. United StatesCourt of Appeals for the Ninth Circuit · 1930

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