Legal Opinion

State v. Sheehan

Supreme Judicial Court of Maine

Decided April 11, 1914PublishedCited by 6 opinions

On exceptions by respondent. This is a process of search and seizure under Revised Statutes, chapter 29, section 49, issued from the Western Hancock Municipal Court. The respondent was arraigned before the Judge of said court, pleaded not guilty, was found guilty, and appealed to the Supreme Judicial Court in and for said county. At the appellate term of said court, the respondent filed a general demurrer to complaint and warrant.

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On exceptions by respondent. This is a process of search and seizure under Revised Statutes, chapter 29, section 49, issued from the Western Hancock Municipal Court. The respondent was arraigned before the Judge of said court, pleaded not guilty, was found guilty, and appealed to the Supreme Judicial Court in and for said county. At the appellate term of said court, the respondent filed a general demurrer to complaint and warrant. The grounds of demurrer, upon which the respondent relied, were, first, that the description of the place searched was not sufficient, and second, that the…

1Opinion of the CourtPhilbrook, J.

Under a search and seizure warrant issued from the Western Hancock Municipal Court the respondent was arraigned before the Judge of that court, pleaded not guilty, waived examination, was found guilty, appealed to the Supreme Judicial Court, and at the appellate term filed a general* demurrer to the complaint and warrant. The demurrer was overruled, exceptions taken, and the same having been allowed, the case is before us upon the exceptions thus taken.

In support of his demurrer the respondent urges two claims; first, that the complaint and warrant do not sufficiently describe the place to be…

2Cited by6 opinions

  1. Webb v. StateTennessee Supreme Court · 1938
  2. Poole v. StateCourt of Criminal Appeals of Tennessee · 1971
  3. State v. PeakesSupreme Judicial Court of Maine · 1982
  4. State v. HigginsSupreme Court of Missouri · 1928
  5. State v. PhippsIndiana Supreme Court · 1924

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