State v. Adams
Supreme Judicial Court of Maine
ON EXCEPTIONS. This is an appeal from the municipal court for the city of Bath, on a complaint for a violation of sections 3 and 5, of ■chapter 463, of the Private and Special Laws of 1885. By leave ■of court the respondents retracted their plea of not guilty and 1 demurred.
Read the full summary
ON EXCEPTIONS. This is an appeal from the municipal court for the city of Bath, on a complaint for a violation of sections 3 and 5, of ■chapter 463, of the Private and Special Laws of 1885. By leave ■of court the respondents retracted their plea of not guilty and 1 demurred. The court overruled the demurrer, and the defendants alleged exceptions. cited: R. S., c. ► 184, §§2,3; Bom. v. Fisher, 7 Gray, 492; State v. Harris, 2 Ilalst. 361; Bom. v. Bennett, 7 Allen, 533 ; Bom. v. Keefe, 7 Gray, 332; Bom. v. Wallace, 14 Gray, 382; Bom. v. McBurdy, 5 Mass. 324; Burnham v. Webster, 5 Mass. 266;…
1Opinion of the CourtYirgiN, J.
The first objection is that it does not appear, either in the body of the complaint or in the jurat,. that the complainant was conscientiously scrupulous of taking an oath.
Article 1, § 5, of the Constitution, authorizes the issuing of warrants on complaints " supported by oath or affirmation,” and "when a person required to be sworn, is conscientiously scrupulous of taking an oath, he may affirm,” (R. S., c. 1, § 7) "under the pains and penalties of perjury, with .the same force and effect as an oath.” R. S., c. 82, § 104.
The magistrate is tb determine whether the complainant has such…
2Cases cited1 opinion
- Johnson v. ErwineCourt of Appeals of Kentucky · 1860
3Cited by3 opinions
- City of Moberly v. DeskinMissouri Court of Appeals · 1913
- Bram v. United StatesSupreme Court of the United States · 1897
- Succession of SchillerSupreme Court of Louisiana · 1881