State v. Farnham
Supreme Judicial Court of Maine
On exceptions and motion by respondent. An indictment was'found against respondent under R. S., Chap. 126, Sec. 6, alleging the taking of indecent liberties with a female child under sixteen years of age. The case was tried to a jury and a verdict of guilty returned. After the verdict and before judgment the respondent filed a motion in arrest of judgment which was overruled by the presiding Justice, and respondent excepted.
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On exceptions and motion by respondent. An indictment was'found against respondent under R. S., Chap. 126, Sec. 6, alleging the taking of indecent liberties with a female child under sixteen years of age. The case was tried to a jury and a verdict of guilty returned. After the verdict and before judgment the respondent filed a motion in arrest of judgment which was overruled by the presiding Justice, and respondent excepted. The respondent also filed a general motion to set aside the verdict, and grant a new trial, which was not presented to the presiding Justice, but taken directly to the…
1Opinion of the CourtMorrill, J.
The motion in arrest of judgment in this case challenges the sufficiency of an indictment found under R. S., Chap. 126, Sec. 6, in three particulars:
1. Because it does not allege that at the time of the commission of the alleged offense the respondent was twenty-one years or more of age. The allegation is, “that Grant Farnham, of Boothbay Harbor etc., on the first day of July, in the year of our Lord one thousand nine hundred and nineteen, being more than twenty one years of age, did take” etc. The argument of defendant’s counsel is that the averment as framed may as well refer to the time of…
2Cases cited4 opinions
- Fontana v. United StatesCourt of Appeals for the Eighth Circuit · 1919
- Miller v. United StatesCourt of Appeals for the Eighth Circuit · 1904
- People v. ButlerIllinois Supreme Court · 1915
- State v. . HaddockSupreme Court of North Carolina · 1891
3Cited by14 opinions
- State v. HansenWisconsin Supreme Court · 2001
- State v. PickeringSupreme Judicial Court of Maine · 1983
- State v. StuhrWashington Supreme Court · 1939
- Fuller v. StateSupreme Judicial Court of Maine · 1971
- State v. WhiteSupreme Judicial Court of Maine · 1966
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