Commonwealth v. Certain Intoxicating Liquors
| Decision Date | 26 November 1889 |
| Citation | 22 N.E. 628,150 Mass. 164 |
| Parties | COMMONWEALTH v. CERTAIN INTOXICATING LIQUORS et al. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
John P Sweeney, for claimant.
A.J. Waterman, Atty. Gen., and H.A. Wyman, Asst. Atty. Gen., for the Commonwealth.
Several exceptions taken by the defendant were waived at the argument. We have considered only the two that were not waived.
1. The place to be searched would be sufficiently described in the warrant by the words, as stated in the body of the exceptions, "a certain tenement situate on Essex street, and numbered 136 on said street, in Lawrence, in said county, and occupied by said Libby as a place of common resort kept therein." It is not necessary to refer to the copy of the warrant itself, sent up with the exceptions, in which the description is "a certain tenement, to-wit, a certain dwelling-house, situate," etc.
2. The prayer for a ruling that Libby, the alleged keeper of the place, could not legally use or keep for use the pool tables seized, and found by the jury to be implements of sale used or kept and provided to be used in the illegal sale of intoxicating liquors, without a license, was properly refused. The fact that he could not lawfully keep them for gain had no tendency to show that he did not unlawfully keep them as implements of sale. Exceptions overruled.
To continue reading
Request your trial
-
Commonwealth v. Schwartz
... ... John Schwartz ... Indictment ... for possession of intoxicating liquors contrary to the ... provisions of the Act of March 27, 1923, P. L. 34, Before ... ...
-
Rose v. State
...Twenty-Five Packages, etc., 38 Vt. 387;Commonwealth v. Certain Intoxicating Liquors, 146 Mass. 509, 16 N. E. 298;Commonwealth v. Intox. Liquors, 150 Mass. 164, 22 N. E. 628;State v. Burke, 66 Me. 127;In re Liquors, 16 R. I. 60, 11 Atl. 773. In State v. Thompson, supra, the place was describ......
-
Rose v. The State
... ... Burns 1908), ... to procure the seizure and destruction of certain ... intoxicating liquors. Such proceedings were had that final ... State v. Gerhardt, supra; ... Commonwealth v. Wallace (1856), 73 Mass ... 222; State v. Hurley (1867), 54 Me. 562; ... ...
-
E.J. Fitzwilliam Co. Inc. v. Commonwealth
...decided. Those decisions are here affirmed. See, also, Commonwealth v. Adams, 160 Mass. 310,35 N. E. 351, and Commonwealth v. Intoxicating Liquors, 150 Mass. 164, 22 N. E. 628. A finding of fact of that nature, in the absence of a report of the evidence, cannot be pronounced impossible or b......