State v. Inhabitants of Madison
Supreme Judicial Court of Maine
Exceptions from the District Court, Rice, J. Indictment for a defect in the county road. The record of the County Commissioners shows that they did not record their location at the next term of their court. The defendant requested the Judge to instruct the jury that the record did not prove a legal establishment of the highway, and that, on this branch of the case, the defendants were entitled to the verdict.
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Exceptions from the District Court, Rice, J. Indictment for a defect in the county road. The record of the County Commissioners shows that they did not record their location at the next term of their court. The defendant requested the Judge to instruct the jury that the record did not prove a legal establishment of the highway, and that, on this branch of the case, the defendants were entitled to the verdict. The Judge instructed the jury, that, as to this branch of the case, the issue was made out by the State, and that their verdict should be for the State. The defendants excepted. This is…
1Opinion of the Court
Howard, J., orally.
— The defendants raised a question of law, growing out of the records, and requested the Judge to. decide it, and to decide it in their favor. He decided it, but decided it in favor of the State. Having made this request, that the Judge would adjudicate upon the law, they cannot now object that he did so. If the request was not a recognition of bis right, it was at least an assent, on their part, that he should exercise the power of deciding. They, however, are not precluded from objecting to the soundness of the instruction. Such an objection they have accordingly urged.…
2Cited by1 opinion
- Howard v. StateSupreme Court of Georgia · 1902