State v. Knowlton
Supreme Judicial Court of Maine
On exceptions. Case stated in the opinion. 1. The “premises” or “place” to be searched are not “described and specifically designated,” as required by art. 1, § 5, of the constitution of this state, and by R. S., c. 27, § 35. “ A certain wagon on the fair ground,” neither “ describes nor specifically designates” any “place” or “premises.” The wagon is not described in any manner. There might be a hundred wagons on the fair ground.
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On exceptions. Case stated in the opinion. 1. The “premises” or “place” to be searched are not “described and specifically designated,” as required by art. 1, § 5, of the constitution of this state, and by R. S., c. 27, § 35. “ A certain wagon on the fair ground,” neither “ describes nor specifically designates” any “place” or “premises.” The wagon is not described in any manner. There might be a hundred wagons on the fair ground. The complaint and warrant are therefore defective and should be quashed. State v. Robinson, 33 Maine, 570. Jones v. Fletcher, 41 Maine, 254. State v. Grames, 68…
1Opinion of the CourtAppleton, C. J.
This is a search and seizure process to which the defendant filed a general demurrer, to the overruling of which exceptions have been filed.
The ground relied upon is that the place to be searched is not specifically designated.
The allegation in the complaint is that intoxicating liquors are kept and deposited “in a certain wagon on the fair ground on the easterly side of Union Hall, in Searsport,” etc.
A place is described. It is so clearly described that the wagon on the fair ground on the easterly side of Union Hall was found with the liquors therein intended to be sold in this state in…
2Cases cited2 opinions
- First National Bank v. JaggersCourt of Appeals of Maryland · 1869
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1871
3Cited by3 opinions
- State v. MooreSupreme Court of Iowa · 1904
- Di Iorio v. Wm. H. Considine Co., Inc.Supreme Court of Rhode Island · 1933
- In re duPontCourt of Chancery of Delaware · 1899