Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 81

Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 81

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1889 edition. Excerpt: the dwelling-house; it stood twenty-five feet away; Quinn had nothing to do with it. G. ill. Seiders, county attorney, for the state. First requested instruction could not be given, as desired, since if Kelleher occupied an appurtenance of the dwelling-house, and carried on illegal traffic therein, though not in the house proper, he was liable under the complaint. The other requested instruction is a question of fact for the jury to decide. State v. Burke, 66 Maine, 127; State v. Wood, 68 Id. 409; State v. Bartlett, 47 Id. 395; Elliot v. Grant, 59 Id. 418; Ripley v. Hebron, 60 Id. 379. WALTON, J. The defendant is charged with the illegal keeping of intoxicating liquors in a dwelling-house and its appurtenances. No liquors were found in the dwelling-house described. The liquors seized were found in a stable. And the question is whether, upon the proof, the stable can be regarded as one of the appurtenances of the dwelling-house. We think not. A stable is not necessarily one of the appurtenances of a dwelling-house. To become such, it must be used in connection with the dwellinghouse. The house and the stable must be used together as one tenement or messuage. Jones v. Fletcher, 41 Maine, 254; State v. Burke, 66 Maine, 127. In this case, the stable was not so used. The stable was used exclusively by the defendant, and the house exclusively by one Mrs. Quinn. So far as their use was concerned, they were separate and distinct tenements. Such is the uncontradicted testimony of the government witnesses. It is clear that, upon such proof, the stable can not be regarded as an appurtenance of the dwelling-house. And this was a material variance. For in this class of cases, the offense is local in its character, and the place where it is more

Product details

  • Paperback | 224 pages
  • 189 x 246 x 12mm | 408g
  • United States
  • English
  • black & white illustrations
  • 1236905202
  • 9781236905208