Legal Opinion · Dissent

State v. Binette

Supreme Judicial Court of Maine

Decided May 17, 1963Published

1DissentSullivan, J.

By indictment the respondent has been accused of the crime of cheating by false pretenses. R. S. (1954), c. 133, § 11. He demurred to the indictment. The trial justice overruled the demurrer. Respondent excepts to that ruling.

The indictment in presently essential text reads as follows: (partition of clauses, ours)

“----that Raoul J. Binette---feloniously designedly and with an intent to defraud, did falsely pretend to one LUCIEN M. BOURQUE, that he, the said Raoul J. Binette,---Clerk of the City ---had through the color of his office, been one of the persons who had worked very hard to get the…

2Cases cited3 opinions

  1. Pattee v. StateIndiana Supreme Court · 1887
  2. Commonwealth v. LangleyMassachusetts Supreme Judicial Court · 1897
  3. Burnley v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1938

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