Legal Opinion

State v. Sanborn

Supreme Judicial Court of Maine

Decided April 6, 1921PublishedCited by 10 opinions

On exceptions and motion by respondent. The respondent was indicted in the Superior Court in Cumberland County for assault and battery upon one Perley C. Bennett. The case was tried with two other cases against Homer Brooks and Emma King upon the same charge.

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On exceptions and motion by respondent. The respondent was indicted in the Superior Court in Cumberland County for assault and battery upon one Perley C. Bennett. The case was tried with two other cases against Homer Brooks and Emma King upon the same charge. The respondent was found guilty by the jury, and filed a motion for a new trial which was denied by the presiding Justice, and the case was taken to the Law Court on exceptions to certain rulings by the presiding Justice as to admissibility of evidence, and on an appeal from the refusal to grant a new trial. Case stated in the opinion.

1Opinion of the CourtDunn, J.

In 1920, at the September term of the Superior Court in Cumberland County, a jury convicted the respondent of the commission of the crime of assault and battery. The case is now before this court both on exceptions to certain instructions defined by the presiding Justice to the jury and upon appeal from a ruling of that justice denying a motion for a new trial.

There are three exceptions. The first sets out that the State, in cross-examining the respondent himself, erroneously was permitted to impeach its own witness, one Jones,» — prejudicially to the prisoner’s rights. Jones was present at…

2Cases cited2 opinions

  1. Sumner v. KinneyCourt of Appeals of Texas · 1911
  2. Luttermann v. RomeySupreme Court of Iowa · 1909

3Cited by10 opinions

  1. State v. McKrackernSupreme Judicial Court of Maine · 1945
  2. State v. BobbSupreme Judicial Court of Maine · 1942
  3. State v. WorreySupreme Judicial Court of Maine · 1974
  4. State v. FarmerSupreme Judicial Court of Maine · 1974
  5. State v. FournierSupreme Judicial Court of Maine · 1970

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