Legal Opinion

State v. Cram

Supreme Judicial Court of Maine

Decided February 4, 1892PublishedCited by 5 opinions

On exceptions. The case came before this court on exceptions to the overruling by the presiding justice of the Superior Court of Cumberland county, of defendants’ motion to dismiss the complaint, charging them with assault and battery ; also to the overruling of their demurrer to the complaint.

Read the full summary

On exceptions. The case came before this court on exceptions to the overruling by the presiding justice of the Superior Court of Cumberland county, of defendants’ motion to dismiss the complaint, charging them with assault and battery ; also to the overruling of their demurrer to the complaint. The complaint originated in the municipal court for the city of Portland, and the defendants having been found guilty and sentenced to imprisonment and labor in jail for the term of sixty days, appealed to the Superior Court. The offense, viewed in the light of the sentence imposed, is an infamous…

1Opinion of the CourtPeters, C. J.

This complaint alleges, in common form, an assault and battery. Upon trial in the municipal court for the city of Portland, the respondents were found guilty and sentenced to an imprisonment in jail, for sixty days, from which sentence an appeal was taken to the Superior Court. In the *273latter court a motion was filed to dismiss the proceedings because an infamous crime is charged by the complaint, the prosecution for which should have been initiated through an indictment by the grand jury. The respondents also demurred to the complaint.

Whilst this may be an irregular way to reach the point…

2Cases cited2 opinions

  1. Missouri v. LewisSupreme Court of the United States · 1880
  2. In Re ClaasenSupreme Court of the United States · 1891

3Cited by5 opinions

  1. State v. SklarSupreme Judicial Court of Maine · 1974
  2. Rell v. StateSupreme Judicial Court of Maine · 1939
  3. Opinion of the JusticesSupreme Judicial Court of Maine · 1975
  4. State v. NicholsSupreme Court of Rhode Island · 1905
  5. State v. YoungSupreme Judicial Court of Maine · 1984

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API