State v. Derry
Supreme Judicial Court of Maine
Respondent was tried and convicted for violation of R. S., Chap. 26, Sec. 38. After verdict, and before sentence, respondent filed motion in arrest of judgment, which was overruled; to which ruling, respondent filed exceptions. Judgment in accordance with opinion. Case stated in opinion.
1Opinion of the CourtDeasy, J.
At the January 1919 term of the Superior Court for Cumberland County, Harry Derry was convicted of a violation of Sec. 38 of Chap. 26, R. S.
The complaint before the Municipal Court brought to the Superior Court by appeal charged that he "did operate and control a certain automobile on the public highway in a reckless manner, while being then and there under the influence of intoxicating liquor so that the lives of the public were in danger.”
The statute under which the complaint was drawn reads:—
"Whoever operates a motor vehicle upon any way recklessly or while under the influence of…
2Cases cited17 opinions
- Polinsky v. . PeopleNew York Court of Appeals · 1878
- Moody v. StateCourt of Criminal Appeals of Oklahoma · 1917
- Cornell v. StateWisconsin Supreme Court · 1899
- State v. WilsonSupreme Court of North Carolina · 1897
- Commonwealth v. PoissonMassachusetts Supreme Judicial Court · 1893
12 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Luellen v. StateCourt of Criminal Appeals of Oklahoma · 1938
- State v. CoxSupreme Judicial Court of Maine · 1941
- State v. LibertySupreme Judicial Court of Maine · 1984
- State v. BentonDelaware Court of Oyer and Terminer · 1936
- State v. VigilNew Mexico Supreme Court · 1928
6 more not listed; retrieve them via the Exa API.