State v. Wise
Supreme Judicial Court of Maine
On exceptions by defendant. Search and seizure process originating before a trial justice. The defendant was found guilty and he appealed to the Supreme Judicial Court. On trial in the appellate court the defendant was found guilty. The defendant excepted to certain rulings during the trial. The case is stated in the opinion.
1Opinion of the CourtWhitehouse, J.
At a hearing before a magistrate, the defendant was found guilty on a search and seizure process and appealed to the Supreme Judicial Court. At the trial in the appellate court it did not appear from the copy sent up by the magistrate that the complaint was sworn to, the signature of the magistrate having been omitted from the jurat. Thereupon the county attorney moved to amend the record in the appellate court; and against the objection of the defendant’s counsel, the magistrate was allowed to file a new copy of the complaint in conformity with the original, which showed that the oath was…
2Cases cited2 opinions
- Commonwealth v. CarneyMassachusetts Supreme Judicial Court · 1891
- Commonwealth v. SullivanMassachusetts Supreme Judicial Court · 1884
3Cited by1 opinion
- Morrison-Kudson Co. v. State Board of EqualizationWyoming Supreme Court · 1943