State v. Nelson
Supreme Judicial Court of Maine
An indictment, tried in the District Court, Goodenow, J. The defendant filed a plea in abatement, that she was not rightly designated, being styled “ matron,” when she was a married woman, which plea the Judge overruled. The defendant then moved to have the indictment quashed for several reasons, which motion was also overruled; and a trial was had, and the defendant convicted.
Read the full summary
An indictment, tried in the District Court, Goodenow, J. The defendant filed a plea in abatement, that she was not rightly designated, being styled “ matron,” when she was a married woman, which plea the Judge overruled. The defendant then moved to have the indictment quashed for several reasons, which motion was also overruled; and a trial was had, and the defendant convicted. After verdict, the respondent’s counsel moved the Court to arrest the judgment, for the cause set forth in the plea in abatement, and for the several reasons which were urged to quash the indictment, which were : — ].…
1Opinion of the CourtWells, J.
Whether the title of matron, given to the defendant in the indictment, would have been sufficient before the provision of the statute, c. 172, § 38, it is not necessary to consider, for the statute prohibits the quashing of any indictment or arresting judgment, for any omission or misstatement of title, occupation, &c., if such omission or misstatement do not tend to the prejudice of the defendant. And it is not apparent, that she was prejudiced, in any manner, by being called a matron.
The decision of the District Court, sustaining the demurrer and overruling the plea, was in accordance with…
2Cases cited1 opinion
- Commonwealth v. SymondsMassachusetts Supreme Judicial Court · 1806
3Cited by36 opinions
- Clem v. StateIndiana Supreme Court · 1873
- Bartley v. StateNebraska Supreme Court · 1898
- Moundsville v. FountainWest Virginia Supreme Court · 1885
- Furnace v. StateIndiana Supreme Court · 1899
- People v. IsraelIllinois Supreme Court · 1915
31 more not listed; retrieve them via the Exa API.