State v. Flye
Supreme Judicial Court of Maine
This case came before the Court upon the following exceptions to the ruling and directions of the Judge at the trial. Whitman C. J. presiding. “ This is an indictment against defendant of four counts, the first of which charges him with forging an order, as set forth in said first count, which is to be copied as part of the case. The defendant moved that the government should be called on to elect one count, and which one, to proceed upon, but Court refused the motion.
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This case came before the Court upon the following exceptions to the ruling and directions of the Judge at the trial. Whitman C. J. presiding. “ This is an indictment against defendant of four counts, the first of which charges him with forging an order, as set forth in said first count, which is to be copied as part of the case. The defendant moved that the government should be called on to elect one count, and which one, to proceed upon, but Court refused the motion. It being proved or admitted that the order declared on was drawn and signed by the persons whose names were signed to it, and…
1Opinion of the Court
The opinion of the Court, Shepley J. taking no part in the decision, having been employed in holding the Court at Machias at the time of the argument, was drawn up by
Tenney J.
— The Court declined to direct the prosecuting officer to elect upon which of the four counts in the indictment he would proceed. In point of law it is no objection that two or more offences of the same nature, and upon which the same or a similar judgment may be given, are contained in different counts in the same indictment; the Court may, in the exercise of a discretion, compel the prosecutor to elect on which charge…
2Cases cited2 opinions
- People v. BodineCourt for the Trial of Impeachments and Correction of Errors · 1845
- Kane v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1831
3Cited by18 opinions
- People v. AikinMichigan Supreme Court · 1887
- People v. SweeneyMichigan Supreme Court · 1885
- State v. LarueWest Virginia Supreme Court · 1925
- Mills v. StateIndiana Supreme Court · 1875
- Smith v. StateCourt of Criminal Appeals of Texas · 1912
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