State v. Mahoney
Supreme Judicial Court of Maine
Indictment for perjury. Respondent filed demurrer. Demurrer overruled by presiding Justice. Respondent filed exceptions. Case stated in opinion.
1Opinion of the CourtHaley, J.
An indictment for perjury, before this court on respondent’s exceptions to the overruling of his demurrer to the indictment; with the right to plead anew if the exceptions are overruled. There are four counts in the indictment, and the demurrer is general, and applies to them all. “In criminal pleading there is no distinction between a general and special demurrer. Sts. 27 Eliz. 5, sec. 1 and 4 and 5 Anne, ch. 16, relate to pleading in civil actions only. Formal defects in indictments and other criminal prosecutions remain proper subjects of general demurrer, as at common law. .
The demurrer…
2Cases cited1 opinion
- Armour Packing Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1907
3Cited by9 opinions
- State v. MichaudSupreme Judicial Court of Maine · 1955
- State v. TalbotSupreme Judicial Court of Maine · 1964
- State v. DumaisSupreme Judicial Court of Maine · 1940
- State v. ChaseSupreme Judicial Court of Maine · 1953
- State v. DunnSupreme Judicial Court of Maine · 1939
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