Commonwealth v. Welsh
Massachusetts Supreme Judicial Court
Indictment on the Gen. Sts. c. 87, §§ 6, 7, for keeping and maintaining in South Scituate a tenement for the sale and keeping of intoxicating liquors. At the trial in the Superior Court, before Bacon, J., it was admitted that the defendant kept a public hotel in South Scituate.
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Indictment on the Gen. Sts. c. 87, §§ 6, 7, for keeping and maintaining in South Scituate a tenement for the sale and keeping of intoxicating liquors. At the trial in the Superior Court, before Bacon, J., it was admitted that the defendant kept a public hotel in South Scituate. The Commonwealth offered evidence that a deputy state constable searched the hotel with a warrant, and found under the floor of one of the rooms, upon the ground, four demijohns and two bottles containing intoxicating liquors. The defendant objected to the admission of this evidence, because the liquors were found…
1Opinion of the CourtAmes, J.
The liquors discovered upon the premises, upon taking up a part of the floor, must be considered as found in the building, or kept and deposited in it, within the meaning of the statute. The instruction requested upon this point was therefore properly refused.
If the officer was guilty of any misconduct in his mode of serving the warrant, he may perhaps have rendered himself liable to an action, or indictment; but the fact that intoxicating liquors were found in the safe would not thereby be rendered incompetent as evidence. Commonwealth v. Intoxicating Liquors, 4 Allen, 593, 600.
*361The facts…
2Cited by11 opinions
- Williams v. StateSupreme Court of Georgia · 1897
- Commonwealth v. TibbettsMassachusetts Supreme Judicial Court · 1893
- People v. . AdamsNew York Court of Appeals · 1903
- Commonwealth v. WilkinsMassachusetts Supreme Judicial Court · 1923
- Commonwealth v. BrelsfordMassachusetts Supreme Judicial Court · 1894
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