Commonwealth v. Certain Intoxicating Liquors
Massachusetts Supreme Judicial Court
Complaint under the St. of 1869, c. 415, § 44, alleging that certain intoxicating liquors seized on a warrant were kept, and deposited in the freight-house of the Connecticut River Railroad Company, by-a person unknown, for sale in violation of law.
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Complaint under the St. of 1869, c. 415, § 44, alleging that certain intoxicating liquors seized on a warrant were kept, and deposited in the freight-house of the Connecticut River Railroad Company, by-a person unknown, for sale in violation of law. At the trial in the Superior Court, before Wilkinson, J., before the empanelling of the jury, the claimants filed their claim to said liquors; and moved to quash and dismiss the complaint and warrant, because they did not contain the name of the person by whom said liquors were kept and deposited. The presiding judge overruled this motion and the…
1Opinion of the CourtAmes, J.
The motion to quash for the reason that the com plaint does not give the name of the person by whom the liquors were kept and intended for sale, cannot prevail. The prosecutor *23is bound to give as good a description as he can, but his ignorance of the name does not defeat the process. In such a case, the averment that the name is unknown is sufficient. Commonwealth v. Sherman, 13 Allen, 248.
In this case, the barrels containing the liquors were found at a railroad station with other freight, and were rolled out of the building, apparently in order to be taken to some other place. The only…
2Cited by2 opinions
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1925
- The Liquors of HorganSupreme Court of Rhode Island · 1889