
    Commonwealth vs. Certain Intoxicating Liquors, Hugh Owen, claimant.
    The St. of 1869, c. 438, authorizing the superior court to report questions of law for the determination of this court before verdict, does not apply to criminal cases.
    Complaint to a trial justice, on the St. of 1869, c. 415, §§ 87, 44, for a warrant to search a vehicle for intoxicating liquors. The liquors were seized on the warrant, and Hugh Owen was summoned as claimant. He appeared accordingly in the superior court, and made objection to the maintenance of the proceedings, raising a question of law, which Wilkinson, J., reported, with the consent of the defendant and of the attorney for the Commonwealth, before verdict, for the determination of this court.
    
      W. D. Northend, for the claimant.
    
      C. Allen, Attorney General, for the Commonwealth.
   By the Court.

This court has no jurisdiction of the question argued until after the case shall have been finally disposed of in the superior court. The power of that court to report a question of law arising in a criminal case can only be exercised after conviction, and “ if the defendant desires it or consents to it.” Gen. Sts. c. 173, § 8. The St. of 1869, c. 438, authorizing the superior court, “ by consent of the parties to the suit,” to report to .this court before verdict “ questions of law, whether arising upon a trial or other proceeding,” was manifestly intended to apply to civil cases only, amending in this respect the Gen. Sts. c. 115, § 6; and not to change the distinct provision of statute regulating the practice in criminal cases.

In Commonwealth v. Intoxicating Liquors, 103 Mass. 448, and Commonwealth v. Harvey, Ib. 451, this point was not brought to the notice of the court. Report dismissed.  