Legal Opinion

State v. Wagner

Supreme Judicial Court of Maine

Decided July 1, 1873PublishedCited by 16 opinions

ON EXCEPTIONS. IndictmeNT for tbe murder of Anethe M. Christensen, on the sixth day of March, 1872, “at an island called ‘Smutty Nose,’ a place within the county of York.” This island is one of the cluster of islets known as the Isles of Shoals ; part of the group lying in Maine, and part in New Hampshire.

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ON EXCEPTIONS. IndictmeNT for tbe murder of Anethe M. Christensen, on the sixth day of March, 1872, “at an island called ‘Smutty Nose,’ a place within the county of York.” This island is one of the cluster of islets known as the Isles of Shoals ; part of the group lying in Maine, and part in New Hampshire. The indictment stated the place where the crime was committed in the language above quoted, and the prisoner’s cotinsel moved to quash the indictment on account of the asserted iudefimteness of this allegation; and, subsequently to the rendition of a verdict of guilty, moved in arrest of…

1Opinion of the CourtBariiows, J.

The prisoner denies the jurisdiction of the court in which his trial took place, and complains in several respects of the manner in which the presiding judge dealt with the questions which he sought to raise touching that branch of his defense.

I. He made a motion in the outset to quash the indictment, alleging that the place where the murder was committed is not therein set forth with sufficient distinctness to enable him to plead properly. The motion was overruled. After verdict he filed a motion in arrest of judgment for substantially the same alleged cause.

This motion also was overruled,…

2Cases cited3 opinions

  1. The Apollon.Supreme Court of the United States · 1824
  2. Peyroux and Others v. HOWARD AND VARION.Supreme Court of the United States · 1833
  3. United States v. JackalowSupreme Court of the United States · 1862

3Cited by16 opinions

  1. Joseph A. Puleio v. George A. Vose, Jr., Etc.Court of Appeals for the First Circuit · 1987
  2. State v. YorkSupreme Judicial Court of Maine · 1974
  3. State v. KuhnSupreme Court of Iowa · 1902
  4. State v. RangerSupreme Judicial Court of Maine · 1958
  5. State v. RangerSupreme Judicial Court of Maine · 1953

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