State v. Henry
Supreme Judicial Court of Maine
Exceptions by defendant. The defendant was found guilty by a jury in the Superior Court for Kennebec County of “assault and battery with a dangerous weapon” and thereupon filed a motion in arrest of judgment on'the ground that the verdict so rendered was for an offense not known to the laws of the State. The presiding justice having overruled the motion, the defendant took exceptions.
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Exceptions by defendant. The defendant was found guilty by a jury in the Superior Court for Kennebec County of “assault and battery with a dangerous weapon” and thereupon filed a motion in arrest of judgment on'the ground that the verdict so rendered was for an offense not known to the laws of the State. The presiding justice having overruled the motion, the defendant took exceptions. The indictment will not sustain the verdict, assault and battery, although the minor offense, since the indictment does not contain an averment of assault and battery. It is true as an academic proposition of…
1Opinion of the CourtPeabody, J.
The respondent was indicted at the September term A. D. 1903 of the Superior Court of Kennebec County for a felonious assault with intent to kill being armed with a dangerous weapon.
The jury rendered a verdict of guilty of assault and battery with a dangerous weapon.
A motion in arrest of judgment was filed by the respondent for the reason, “The verdict rendered by the jury was defective, illegal and wrong, in that it was at variance with the indictment; further the verdict rendered finds your respondent guilty of an offense not known to the laws of this State, to wit; — assault and battery…
2Cases cited13 opinions
- Wall v. StateIndiana Supreme Court · 1864
- Gillespie v. StateIndiana Supreme Court · 1857
- Wilson v. PeopleMichigan Supreme Court · 1872
- Bittick v. StateTexas Supreme Court · 1874
- Clark v. StateSupreme Court of Georgia · 1852
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Schmuck v. United StatesSupreme Court of the United States · 1989
- Dunn v. State of ArizonaArizona Supreme Court · 1937
- State v. CottonSouth Dakota Supreme Court · 1915
- State v. ThayerSupreme Judicial Court of Maine · 1971
- Weeks v. StateSupreme Judicial Court of Maine · 1969
2 more not listed; retrieve them via the Exa API.