Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-03-08
Interesting Points
OF Law in Rescripts

Some interesting points q law ar,
contained in the three rescrints wbict
have been handed down from the Sn.
preme court and received at the office
Of Clerk of Courts Stevens in this city,
says the Bangor Commercial. The FIRST
case originates in oxford county State
VS.. Intoxicating Liquors. and deals
with certain features of the prohibitory
law Of the state. particularly the val
| idity of complaint and warrant or
an Indictment.
In the Washington county action IF
James w Pottlc ct al vs. Liverpool 4,
London Globe Insurance Co, the cours
set aside the verdict for the plaintiffs
of Sl.290. finding that the statement of
| the plaintiffs as To The quantity and
value of the goods in their store at the
| time of the ire, made in thoir proof
| of loss and in their testimony, Nas
| ials" aud Fraudulent
The motion for the rev triad in the
| Cumberland county ease OF Mary
| WeIch ". James II M"Glfnchy is de-
! MED by the court in = rescript harded
/ down this week
! The rescriptS are given below in full:
State VS.. intoxicating Liquors.
Rescript. King, j Proceedings for
! the forfeiture ct intoxicating liquors
seized under search ard seizure proc
ess.
Section 40 of C. -. Revised Statutes.
which authorizes search and seizure
process To be issued if ally person COM
petent to be witness in civil suits
makes sworn complaint that he believes
that Intoxicating liquors ere unlawful
~ kept or Deposited in any place in the
state by any person and that the same
are intended for sale and within the
state in violation of law, expressly pro-
vides that, The name OF the person
SO keeping said liquors as aforesaid, if
known to the complainant, shall be
stated in such complaint. and tine Off
GER shall be commanded by said war
rant. if he finds said liquors, to arrest
said person and hold him to answer as
keeping said liquors intended for un
lawful sale" If the name of the
person keeping such liquors is pnlnown
to the complaint he shall SC alleGe
in his complaint. and the magistrate
shall thereupon issue ms warrant as
provided in the first sentence OF this
section
In the case at bar the name of John
Doe was stated in the complaint and
warrant as the person keeping the llq-
uors, and without any description or
other means of Identification or any
person intended. The complainant ties
tilted that he did not know by whom
the liquors were kept. Held:
/. 1t is an essential to the validity
of a complaint and warrant, or indict-
ment, that the party against whom II
is issued should be described therein
Sufficiently so that he may BE- thereby
identified as the person on whom II Is
to be served. If his name is not known
he must be otherwise sufficiently de-
scribed.
>. a warrant 10 arrest a person de-
serihed fietitiously as John Doe. with
out any further description or means
OF identified ton OF the person TO le ar
rested. is void. Unless there IS some
description or other means az identii1-
cation contained IN the warrant. 1t
would be as applicable to enc person as
to another.
2. The statement is a complaint for
search and seizure process, under the
provisions of said section ~ Of III"
fictitious name John Doe. without amy
description or other means of identih-
cation of any person defended, is net
| A statement of the ''name of the person
| keeping said liquors rs aforesaid, IL
| known to the complainant as express
| " required hythe stature.
d. Neither IS the statement OF fctl-
| tious name the equivalent Of an "llega-
ton in the complaint tha- the name
of the liquors is unknown to the com
| plainant.
| 5. The search and seizure process
| should strictly follow the express re-
| ouirements of the statute authorizing
1 ii.
| 6. If there was no legal seizure oil
| the liquors in question, then -here can
| be no Judgment Of forfeiture.
| :. In the case at bar the court IS Oh
| opinion that the liquors IN question
! were not legally seized because the
| connlaint and warrant did not conform
to the express requirements OF the
statute authorizing the search ana
| seizure process.
! Executions sustained.