Legal Opinion

State v. Bartlett

Supreme Judicial Court of Maine

Decided July 1, 1867PublishedCited by 35 opinions

On Exceptions. Indictment, the material portions of which are as follows : — "Sagadahoc, ss. — At the Supreme Judicial Court, begun and holden at Bath, within and for the county of Sagadahoc, on the first Tuesday of April, in the year of our Lord one thousand eight hundred, and sixty-seven— " The jurors for said State upon their oath present, that David Bartlett alias Pitz Erald alias J. Dunbar, Orrin Syms alias Orrin Burns alias Rory Syms alias Rory Burns, and Edward…

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On Exceptions. Indictment, the material portions of which are as follows : — "Sagadahoc, ss. — At the Supreme Judicial Court, begun and holden at Bath, within and for the county of Sagadahoc, on the first Tuesday of April, in the year of our Lord one thousand eight hundred, and sixty-seven— " The jurors for said State upon their oath present, that David Bartlett alias Pitz Erald alias J. Dunbar, Orrin Syms alias Orrin Burns alias Rory Syms alias Rory Burns, and Edward Maguire, late of the city, county and State of New York, now cormorant at Augusta, in the county of Kennebec and State of…

1Opinion of the CourtTaplby, J.

'This is an indictment for breaking and entering the National Village Bank of Bowdoinham and stealing therefrom a large amount of coin, bills, bonds and U. S. treasury notes. The prisoners being convicted, now raise certain questions pertaining to the sufficiency of the indictment, and to the regularity of the proceedings on trial.

1. It is alleged by the prisoners’ counsel that there is no sufficient allegation of property or ownership in articles alleged to be stolen.

The several articles of property alleged to be stolen, after being particularly and specifically described, are alleged to be…

2Cases cited2 opinions

  1. People v. HolbrookNew York Supreme Court · 1816
  2. People v. KentMichigan Supreme Court · 1843

3Cited by35 opinions

  1. Raffel v. United StatesSupreme Court of the United States · 1926
  2. Ferguson v. GeorgiaSupreme Court of the United States · 1961
  3. State v. KentNorth Dakota Supreme Court · 1895
  4. State v. GreenoMontana Supreme Court · 1959
  5. United States v. RosenthalU.S. Circuit Court for the District of Southern New York · 1903

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