Legal Opinion · Dissent

State v. Underwood

Supreme Judicial Court of Maine

Decided July 1, 1858Published

On Report from Nisi Prius, Davis, J., presiding. This- was an Indictment, charging the defendants with the crime of larceny. The articles stolen were alleged to be the property of one Christian Brahn : and the evidence, on the trial, sustained the allegation. It was alleged in the indictment, that the property was stolen from said Brahn, "at Eastport, in the county of Washington.”

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On Report from Nisi Prius, Davis, J., presiding. This- was an Indictment, charging the defendants with the crime of larceny. The articles stolen were alleged to be the property of one Christian Brahn : and the evidence, on the trial, sustained the allegation. It was alleged in the indictment, that the property was stolen from said Brahn, "at Eastport, in the county of Washington.” There was testimony to prove that the property was stolen from the owner, from a vessel, to which he belonged, then at St. Andrews, in the Province of New Brunswick; that the defendants were followed to Eastport,…

1Dissent

Bice, J.,

dissenting. — This case involves a principle of great importance. If this indictment be sustained, it will establish a precedent which, in my judgment, is unsound in principle and unsustained by authority. I do not, therefore, feel at liberty to permit the case to bo placed upon the judicial records of our State unchallenged, or with my silent dissent.

The facts on which the indictment is based are not controverted. The prisoner committed a larceny in the Province of New Brunswick, and brought with him into this State a portion of the stolen goods. The indictment charges *188Mm with a…

2Cases cited7 opinions

  1. The AntelopeSupreme Court of the United States · 1825
  2. Commonwealth v. AndrewsMassachusetts Supreme Judicial Court · 1806
  3. Commonwealth v. CullinsMassachusetts Supreme Judicial Court · 1804
  4. State v. EllisSupreme Court of Connecticut · 1819
  5. Simmons v. CommonwealthSupreme Court of Pennsylvania · 1813

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