State v. Skolfield
Supreme Judicial Court of Maine
On exceptions. The defendant was convicted before a trial justice in Franklin County upon the following complaint: "A. M. Child, of Weld, in the county of Franklin, and State of Maine, in behalf of said State, on oath complains that J. O. S. Skolfield, of said Weld, did sell to Eben Newman, of said Weld, trout, on the ninth day of April, A. D., 1892, at said Weld, against the peace of the State and contrary to the statute in such case made and provided.”
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On exceptions. The defendant was convicted before a trial justice in Franklin County upon the following complaint: "A. M. Child, of Weld, in the county of Franklin, and State of Maine, in behalf of said State, on oath complains that J. O. S. Skolfield, of said Weld, did sell to Eben Newman, of said Weld, trout, on the ninth day of April, A. D., 1892, at said Weld, against the peace of the State and contrary to the statute in such case made and provided.” Having appealed to this court where he was tried before a jury and found guilty, the defendant moved an arrest of judgment for the following…
1Opinion of the CourtPeters, C. J.
By R. S., c. 40, § 49, it is provided that no person shall sell "any trout” during close time, with a certain penalty therefor. The complaint in this case avers that the respondent, " did sell trout,” to one Eben Newman within the period of close time. Certain objections are urged against the validity of the complaint.
It is contended that the complaint is too general in its description of the quantity of trout sold. But the statute is as general as are the words of the complaint. This objection cannot prevail. State v. Hadlock, 43 Maine, 282; Com. v. Ryan, 9 Gray, 137.
It is objected that the…
2Cases cited1 opinion
- Commonwealth v. ByrnesMassachusetts Supreme Judicial Court · 1879
3Cited by5 opinions
- State v. AlleySupreme Judicial Court of Maine · 1970
- State v. BlaisSupreme Judicial Court of Maine · 1978
- State v. ChaseSupreme Judicial Court of Maine · 1953
- State v. MerrillSupreme Judicial Court of Maine · 1933
- State v. ParkerSupreme Judicial Court of Maine · 1933