State v. Welch
Supreme Judicial Court of Maine
■On exceptions from the superior court. (Complaint.) "State of Maine. Cumberland, ss. To the recorder (the judge being absent from the court room,) of our municipal court for the city of Portland, in the county of Cumberland.
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■On exceptions from the superior court. (Complaint.) "State of Maine. Cumberland, ss. To the recorder (the judge being absent from the court room,) of our municipal court for the city of Portland, in the county of Cumberland. "Ezra Hawkes of Portland, in said county, competent to be a witness in civil suits, on the twenty-fifth day of March, A. D. 1886, in behalf of said State, on solemn affirmation, complains 'that he believes that on the twenty-fifth day of March, in said .year, at said Portland, intoxicating liquors were, and still are kept and deposited by James Welch and Daniel Welch of…
1Opinion of the CourtVirgin, J.
The defendants, under their demurrer to the complaint, object that it was made on affirmation and hence is not a "sworn complaint,” which § 40, c. 27, R. S., on which it is founded, designates.
The answer is : A warrant may be issued " when supported by oath or affirmation.” Const. Art. 1, § 5. And inasmuch as the word " oath includes affirmation when affirmation is allowed,” (R. S., c. 1, § 6, cl. xii), a "sworn complaint” includes one made on affirmation, when the complainant is allowed to affirm. In the revision of 1883, the commissioner and legislature substitute "sworn complaint” for…
2Cited by5 opinions
- Rose v. StateIndiana Supreme Court · 1909
- People v. HalvekszMichigan Supreme Court · 1921
- Watson v. StateNebraska Supreme Court · 1922
- People v. CaseMichigan Supreme Court · 1922
- Wallace v. StateIndiana Supreme Court · 1927