State v. McLoon
Supreme Judicial Court of Maine
On EXCEPTIONS by the defendant to the ruling of the court in ■overruling a demurrer to the following complaint: '"State of Maine. Knox, ss.
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On EXCEPTIONS by the defendant to the ruling of the court in ■overruling a demurrer to the following complaint: '"State of Maine. Knox, ss. To the judge of our police court for the city of Rockland, in the county of Knox : " A. J. Crockett of Rockland, in said county of Knox, on the ■tenth day of April, in the year of our Lord one thousand eight .hundred and eighty-five, in behalf of said state, on oath complains that Silas W. McLoon of Rockland, in the county of Knox, ■laborer, on the ninth day of April aforesaid, at Rockland ■aforesaid, in the county aforesaid, did voluntarily drink…
1Opinion of the CourtVirgtN, J.
The complaint is based on R. S., c. 27, § 48, as amended by St. 1885, c. 366, § 6, which creates two classes of offences: (1.) "Being found intoxicated in any street or highway and (2.) "Being intoxicated in one’s own house, or in any other building or place, becoming quarrelsome, or in any other way disturbing the public peace, or that of his own or any other family.”
The complaint sets out neither of these offences. The " place ” in which the defendant was alleged to have been found intoxicated is not specified. It is not sufficient to allege simply that he was found intoxicated in Rockland,…
2Cited by3 opinions
- State v. PeacockSupreme Judicial Court of Maine · 1942
- Savings Bank of New Britain v. WeedSupreme Court of Connecticut · 1936
- State v. LawrenceSupreme Judicial Court of Maine · 1951