State v. Devine

• Decision Date: 27 January 1888
• Citation: 13 A. 128
• Parties: STATE v. DEVINE.
• Court: Maine Supreme Court

13 A. 128

STATE

v. DEVINE.¹

Supreme Judicial Court of Maine.

January 27, 1888.

Motion in arrest of judgment, from superior court, Cumberland county.

Complaint for search and seizure of intoxicating liquors, brought originally in the municipal court of Portland, and on appeal to the superior court, Cumberland county. The complaint was as follows:

"State of Maine, Cumberland—ss.: To the recorder (the judge being absent from the court-room) of our municipal court for the city of Portland, in the county of Cumberland. Ezra Hawkes, of Portland, in said county, competent to be a witness in civil suits, on the 7th day of August, A. D. 1886, in behalf of said state, on solemn affirmation, complains that he believes that on the 7th day of August in said year, at said Portland, intoxicating liquors were and still are kept and deposited by Bernard Devine of Portland, in said county, in the dwelling-house and its appurtenances, situated on the southerly side of Adams street, in said Portland, and numbered six on said street, and occupied by said Devine, a part of said dwelling-house being used for purposes of traffic by said Devine, said Devine not being then and there authorized by law to sell said liquors within said state, and that said liquors then and there were, and now are, intended by said Devine for sale in the state in violation of law, against the peace of the state, and contrary to the form of the statute in such case made and provided. And the said complainant, on his solemn affirmation aforesaid, further alleges and complains that the said Bernard Devine has been before convicted in the municipal court, for the city of Portland, to-wit, on the 29th day of October, A. D. 1880, of unlawfully keeping and depositing in this state, in said county of Cumber land, intoxicating liquors, with the intent that said liquors should be sold in this state in violation of law, against the peace of the state, and contrary to the form of the statute in such case made and provided. He therefore prays that due process be issued to search the premises hereinbefore mentioned, where said liquors are believed to be deposited, and, if there found, that the said liquors and vessels be seized and safely kept until final action and decision be had thereon, and that said Devine be forthwith apprehended and held to answer to said complaint, and to do and receive such sentence as may be awarded against him.

EZRA HAWKES.

"Cumberland—ss.: On this 7th day of August aforesaid,...