State v. Allen
Supreme Judicial Court of Maine
On Exceptions by Dependants. This was the case of a plea in abatement, filed by the defendants, to an indictment found against them by the grand jui’y of the Superior Court in Cumberland county. A demurrer to the plea was sustained by the presiding justice and the defendants thereupon took exceptions to the ruling of the court.
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On Exceptions by Dependants. This was the case of a plea in abatement, filed by the defendants, to an indictment found against them by the grand jui’y of the Superior Court in Cumberland county. A demurrer to the plea was sustained by the presiding justice and the defendants thereupon took exceptions to the ruling of the court. The material portions of the plea in abatement are as follows: “because they say that Emery Rich of tbe town of Standish in said county of Cumberland who served as a member of the grand jury impaneled at this term of this Honorable Court and was present at the finding…
1Opinion of the CourtFoster, J.
A plea in abatement was filed by the respondents therein setting forth that a member of the grand jury, who was present and served at the term of court at which the indictment was found, was never legally a member of the grand jury in that no due and legal notice was given of the place of holding the meeting required to be held for the drawing of a grand j uror for that term of court from the town of Standish.
To this plea a demurrer was filed by the county attorney for Cumberland county, and joined by the respondents. The court overruled the demurrer and adjudged the plea bad, to which…
2Cases cited3 opinions
- Baker v. FalesMassachusetts Supreme Judicial Court · 1819
- Terrill v. JenningsCourt of Appeals of Kentucky · 1858
- Richmond v. TallmadgeNew York Supreme Court · 1819
3Cited by2 opinions
- State Ex Rel. Odenwald v. District CourtMontana Supreme Court · 1934
- State v. HoweSupreme Judicial Court of Maine · 1966