State v. Willis
Supreme Judicial Court of Maine
ON EXCEPTIONS from the superior court. The exceptions were to the proforma ruling of the court in overruling defendant’s demurrer to the indictment. The facts are sufficiently stated in the opinion. cited: Com. v. Eaton, 15 Pick. 273; Com. v. Harris, 13 Allen, 534; Barnes v. State, 20 Conn. 232; Com. v. Hooper, 5 Pick, 42; Com. v. Dana, 2 Met. 329 ; 64 Maine, 423; Whar. Cr. L. § § 2428 - 2432; 2 Bish. Cr.
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ON EXCEPTIONS from the superior court. The exceptions were to the proforma ruling of the court in overruling defendant’s demurrer to the indictment. The facts are sufficiently stated in the opinion. cited: Com. v. Eaton, 15 Pick. 273; Com. v. Harris, 13 Allen, 534; Barnes v. State, 20 Conn. 232; Com. v. Hooper, 5 Pick, 42; Com. v. Dana, 2 Met. 329 ; 64 Maine, 423; Whar. Cr. L. § § 2428 - 2432; 2 Bish. Cr. L. § 945. contended that the indictment should have disclosed the' name of the prosecutor. The opinion in the case of State v. Smith, 64 Maine, 425, does not seem to be supported by the…
1Opinion of the CourtPeters, C. J.
The defendant demurs to an indictment which alleges against him participation in a lottery nuisance.
It is objected that it is not stated, either in or upon the indictment, who. the prosecutor is. The law apportions the penalty between the prosecutor and the town where the offence is committed. If the law was ever critical enough to destroy an indictment because it did not disclose the name of the prosecutor or informer, when such an averment requires no proof and has nothing to do with the guilt or innocence of the person prosecuted, it was intended, by the decision in State v. Smith, 64…
2Cases cited2 opinions
- People v. Noelke & MarksNew York Court of Appeals · 1883
- State v. OchsnerMissouri Court of Appeals · 1880
3Cited by11 opinions
- City of Moberly v. DeskinMissouri Court of Appeals · 1913
- W. S. Libbey Co. v. JohnsonSupreme Judicial Court of Maine · 1953
- United States v. FulkersonU.S. Circuit Court for the District of Southern California · 1896
- State v. MichaudSupreme Judicial Court of Maine · 1955
- State v. DumaisSupreme Judicial Court of Maine · 1940
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