Legal Opinion
State v. Smith
Supreme Judicial Court of Maine
Decided June 12, 1973PublishedCited by 9 opinions
1Opinion of the Court
WEBBER, Justice.
At the October Term in 1971, a Sagada-hoc County jury convicted the defendant of assault and battery, high and aggravated. Appellant seeks to raise two issues, the sufficiency of proof that the circumstances were high and aggravated, and the admissibility of certain evidence not objected to at trial.
It is apparent that appellant misinterprets our language in State v. Bey (1965) 161 Me. 23, 26, 206 A.2d 413, 416 wherein we said:
“Our statute is only declaratory of the common law, Rell, supra, 1 and the common law defines assault and battery of a high and aggravated nature ‘as an…
2Cases cited7 opinions
- People v. FlummerfeltCalifornia Court of Appeal · 1957
- Rell v. StateSupreme Judicial Court of Maine · 1939
- State v. BeySupreme Judicial Court of Maine · 1965
- State v. RandSupreme Judicial Court of Maine · 1960
- Falconiero v. Maryland Cas. Co.New Jersey Superior Court Appellate Division · 1960
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. DavenportSupreme Judicial Court of Maine · 1974
- State v. GagneSupreme Judicial Court of Maine · 1975
- State v. PinnetteSupreme Judicial Court of Maine · 1975
- City of Pasco v. RossCourt of Appeals of Washington · 1985
- State v. TibbettsSupreme Judicial Court of Maine · 1977
4 more not listed; retrieve them via the Exa API.