Legal Opinion

Commonwealth v. Certain Intoxicating Liquors

Massachusetts Supreme Judicial Court

Decided October 22, 1885PublishedCited by 7 opinions

Complaint, on the Pub. Sts. c. 100, § 30, to the Second District Court of Eastern Worcester, alleging that, on August 8, 1884, certain intoxicating liquors were kept and deposited by Patrick H. Morrison in a certain building in Clinton, with intent to sell the same unlawfully in this Commonwealth; and praying for a warrant to search said premises.

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Complaint, on the Pub. Sts. c. 100, § 30, to the Second District Court of Eastern Worcester, alleging that, on August 8, 1884, certain intoxicating liquors were kept and deposited by Patrick H. Morrison in a certain building in Clinton, with intent to sell the same unlawfully in this Commonwealth; and praying for a warrant to search said premises. In the Superior Court, before Bacon, J., said Morrison appeared and claimed the liquors seized under the warrant issued upon the complaint. The jury found against the claimant; and he alleged exceptions. The facts appear in the opinion.

1Opinion of the CourtDevens, J.

The complaint and warrant described the premises to be searched as “ a certain building, the cellar under the same, and the outbuildings within the curtilage thereof, situate on the southwest corner of Grove and Beacon streets, so called, *288in said Clinton, and occupied by said Patrick H. Morrison as a store, dwelling-house, and place of common resort kept therein.”

The premises actually searched consisted of a basement under a building at the corner of Grove and Beacon streets, a covered passageway, by which access was had to a basement under another building, and the latter basement. These…

2Cited by7 opinions

  1. Turknett v. StateCourt of Criminal Appeals of Oklahoma · 1927
  2. Commonwealth v. MurphyMassachusetts Supreme Judicial Court · 1968
  3. Blakemore v. StanleyMassachusetts Supreme Judicial Court · 1893
  4. Beekman v. SchirmerMassachusetts Supreme Judicial Court · 1921
  5. Hutchins v. StateCourt of Appeals of Georgia · 1907

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