Legal Opinion

State v. Miles

Supreme Judicial Court of Maine

Decided April 13, 1896PublishedCited by 6 opinions

On Exceptions by Dependant. This was an indictment for bribery found against a police officer of the City of Portland by the grand jury of. the Superior Court, Cumberland. County, and to which the defendant filed a general demurrer. The presiding justice overruled the demurrer and the defendant took exceptions.

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On Exceptions by Dependant. This was an indictment for bribery found against a police officer of the City of Portland by the grand jury of. the Superior Court, Cumberland. County, and to which the defendant filed a general demurrer. The presiding justice overruled the demurrer and the defendant took exceptions. (Indictment.) The grand jurors for said State upon their oath present that Dana H. Miles of Portland, in the County of Cumberland, on the fourth day of June,- in the year of our Lord one thousand eight hundred and ninety-four, at said Portland, was a police officer of said Portland,…

1Opinion of the CourtFoster, J.

Tbis is an indictment at common law for bribery, and comes before this court on demurrer.

There are five counts in tbe indictment, and in each tbe respondent is alleged to bave been a public officer of tbe city of Portland; and, under color of bis office, to bave unlawfully, unjustly and extorsively received bribes for neglecting and violating bis official duties.

Tbe demurrer being general and aimed at tbe indictment as a whole, if any one of tbe five counts is sufficient in law tbe demurrer cannot be sustained. Any one of tbe counts, if good, would be sufficient upon which to found a verdict,…

2Cases cited1 opinion

  1. People v. MarkhamCalifornia Supreme Court · 1883

3Cited by6 opinions

  1. Sharp v. United StatesCourt of Appeals for the Eighth Circuit · 1905
  2. State v. DumaisSupreme Judicial Court of Maine · 1940
  3. State v. DunnSupreme Judicial Court of Maine · 1939
  4. State v. SimonSupreme Judicial Court of Maine · 1953
  5. Mamodoh Abouemara v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2023

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