Legal Opinion

State v. Waters

Supreme Judicial Court of Maine

Decided July 1, 1854PublishedCited by 15 opinions

On Exoeptions from Nisi Prius, Howard, J., presiding. Indictment, charging defendants with an assault with a drawn sword upon one Ivory Pray, with the intent feloni-ously and of their malice aforethought, him the said Pray to kill and murder.

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On Exoeptions from Nisi Prius, Howard, J., presiding. Indictment, charging defendants with an assault with a drawn sword upon one Ivory Pray, with the intent feloni-ously and of their malice aforethought, him the said Pray to kill and murder. Before the trial came on, John Waters, one of the respondents, represented to the Court that a large number of witnesses were material to Ms defence, that he was poor and unable of his own means to procure their attendance, and moved the Court for compulsory process for obtaining such witnesses in his favor as were necessary to his proper defence and to…

1Opinion of the CourtRiCE, J.

— The indictment charges, that John Waters, with two other persons named therein, “ with foi’co and arms, in and upon one Ivory Pray, with a dangerous weapon, to wit, the drawn sword of a sword cane, with which said John Waters, &c., were then and there armed, did make an assault, with an intention, him the said Ivory Pray, with the drawn sword aforesaid, then and there feloniously, wilfully, and of their malice aforethought to kill and murder.”

As to the defendant, John Waters, the jury returned the following verdict, to wit, — “that the defendant, John *61Waters, is guilty of a felonious…

2Cases cited5 opinions

  1. Nancy v. StateSupreme Court of Alabama · 1844
  2. State v. BurnsSupreme Court of Alabama · 1845
  3. State v. NicholsSupreme Court of Connecticut · 1831
  4. Ex parte ChamberlainNew York Supreme Court · 1825
  5. State v. CoySupreme Court of Vermont · 1827

3Cited by15 opinions

  1. State v. FouquetteNevada Supreme Court · 1950
  2. Pittman v. StateSupreme Court of Florida · 1906
  3. Williams v. StateSupreme Court of Florida · 1899
  4. State v. LeemanSupreme Judicial Court of Maine · 1972
  5. In re McLeodIdaho Supreme Court · 1913

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