State v. Cole
Supreme Judicial Court of Maine
On report. The respondents were indicted for adultery and found guilty by a jury. The respondent, Lois E. McAuley, was-fined three hundred dollars and paid. The respondent, Harry M. Cole, was sentenced to State Prison for eighteen to thirty-six months, who filed a general motion for a new trial which was denied by the presiding Justice and respondent appealed to the Law Court, where the appeal was denied.
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On report. The respondents were indicted for adultery and found guilty by a jury. The respondent, Lois E. McAuley, was-fined three hundred dollars and paid. The respondent, Harry M. Cole, was sentenced to State Prison for eighteen to thirty-six months, who filed a general motion for a new trial which was denied by the presiding Justice and respondent appealed to the Law Court, where the appeal was denied. Respondent then filed a motion for a new trial on the ground of newly-discovered evidence and by agreement the case was reported to the Law Court. The case is fully stalled in the opinion..
1Opinion of the CourtSpear, J.
The defendant Cole was the only one interested in this proceeding. The facts pertinent to the issue may be taken from the defendant's motion for a new trial, namely: "Now comes the defendant, Harry M. Cole, in the above entitled case, after verdict against him, sentence imposed, appeal to the Law Court and the judgment of the law court against him, but before mittimus has issued, and moves for a new trial . . . ., because of newly discovered evidence.''
It is unnecessary to quote further as the decision of the case turns upon a question of law. The defendant was arraigned upon the indictment,…
2Cited by4 opinions
- State v. AlexanderSupreme Judicial Court of Maine · 1969
- In re HumeSupreme Judicial Court of Maine · 1933
- State v. MelansonSupreme Judicial Court of Maine · 1956
- State v. MelansonSupreme Judicial Court of Maine · 1956