State v. Burke
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Hathaway, J. presiding. Indictment, in which were three counts. The first count charged the defendants with a riot, and an intent to maim certain persons, also to rescue a prisoner. The second count alleged a riot, and an assault upon a police officer and his assistants in the discharge of his duties, and an high and aggravated assault. The third count was in common form for a riot.
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On Exceptions from Nisi Prius, Hathaway, J. presiding. Indictment, in which were three counts. The first count charged the defendants with a riot, and an intent to maim certain persons, also to rescue a prisoner. The second count alleged a riot, and an assault upon a police officer and his assistants in the discharge of his duties, and an high and aggravated assault. The third count was in common form for a riot. Before the trial a motion was made to quash for causes apparent upon the indictment, which was overruled. The defendants, with one exception, were convicted upon the indictment.…
1Opinion of the CourtAppleton, J.
— The indictment, as found by the grand, jury, contained three counts. A motion was made to quash it, because different offences were charged therein. But nothing is better settled, than that the Court are not bound to quash an indictment alleged to be defective before trial. State v. Stuart, 21 Maine, 341. The party accused may demur or move an arrest of judgment.
The jury returned a verdict of guilty on all the counts, and a motion in arrest was then filed. The attorney for the government then entered a nolle pros, as to the intent to maim, which was alleged in the first count. The…
2Cases cited1 opinion
- Kane v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1831
3Cited by10 opinions
- Griffin v. United StatesSupreme Court of the United States · 1991
- People v. SidenerCalifornia Supreme Court · 1962
- State v. FortuneSupreme Judicial Court of Maine · 2011
- McDonald v. StateWisconsin Supreme Court · 1891
- Wilson v. StateSupreme Judicial Court of Maine · 1970
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