Commonwealth v. Certain Intoxicating Liquors
Massachusetts Supreme Judicial Court
Complaint on the St. of 1876, c. 162, to the Police Court of the city of Gloucester, signed by two persons, alleging that they, “being of full age and competent to testify,” have reason to believe and do believe that certain intoxicating liquors “ are kept and deposited by John Ganey in a certain tenement situated on the northeasterly junction of Rogers Street and Central Street, and known as the Portsmouth Ale Depot, in said Gloucester, and occupied by said Ganey as a place…
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Complaint on the St. of 1876, c. 162, to the Police Court of the city of Gloucester, signed by two persons, alleging that they, “being of full age and competent to testify,” have reason to believe and do believe that certain intoxicating liquors “ are kept and deposited by John Ganey in a certain tenement situated on the northeasterly junction of Rogers Street and Central Street, and known as the Portsmouth Ale Depot, in said Gloucester, and occupied by said Ganey as a place of common resort kept therein, and which liquors are intended by said Ganey for sale in this Commonwealth, contrary to…
1Opinion of the CourtMorton, J.
1. The motion to quash was properly overruled. The premises to be searched are sufficiently described, and it is clearly alleged that Ganey kept the liquors described with intent to sell them contrary to law. The jurat imports that the complaint was sworn to by both the complainants.
2. The first two requests for instructions were properly refused. The complaint and warrant does not describe the place *11to be searched as a dwelling-house, but as a tenement known as the Portsmouth Ale Depot, occupied by said Ganey as a place of common resort. The fact that the upper floors of the building in…
2Cases cited2 opinions
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1874
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1871
3Cited by3 opinions
- Automobile Brokerage Corp. v. United StatesCourt of Appeals for the D.C. Circuit · 1930
- Commonwealth v. ReedMassachusetts Supreme Judicial Court · 1894
- Ingersoll v. IngersollNew Jersey Court of Chancery · 1882