State v. Burroughs
Supreme Judicial Court of Maine
ON exceptions from superior court, Kennebec county. The case is stated in the opinion. cited: State v. Flynn, 36 N. H. 64; Decker v. Somerset Ins. Go. 66 Maine, 408. The instruction complained of was erroneous. I do not understand that the law makes any distinction whatever in the weight of testimony required under a search and seizure and any other crime. In all criminal prosecutions the same weight, degree and amount of testimony are required for a conviction. 3 Greenl.
Read the full summary
ON exceptions from superior court, Kennebec county. The case is stated in the opinion. cited: State v. Flynn, 36 N. H. 64; Decker v. Somerset Ins. Go. 66 Maine, 408. The instruction complained of was erroneous. I do not understand that the law makes any distinction whatever in the weight of testimony required under a search and seizure and any other crime. In all criminal prosecutions the same weight, degree and amount of testimony are required for a conviction. 3 Greenl. Ev. 29.
1Opinion of the CourtAppleton, C. J.
This is a complaint for search and seizure, appealed from the municipal court of Augusta, and is brought here on exceptions to the rulings of the justice presiding at nisi prius.
I. The judge in his charge, said to the jury, "You have a right to consider, however, in this case, the question whether it requires the same amount of proof, the same weight to fasten upon a man the crime of selling intoxicating liquors, or keeping them with intent to sell, in view of the penalty attached, as it would to fasten upon him a higher crime for which the penalty was much severer.”
Here is no rule of law;…
2Cases cited1 opinion
- Sanders v. Bank of KentuckyCourt of Appeals of Kentucky · 1859
3Cited by9 opinions
- People v. MarxhausenMichigan Supreme Court · 1919
- State v. HawkinsSupreme Judicial Court of Maine · 1970
- State v. HealdSupreme Judicial Court of Maine · 1973
- State v. Chin GimNevada Supreme Court · 1924
- Papolas v. StateSupreme Judicial Court of Maine · 1967
4 more not listed; retrieve them via the Exa API.