State v. Huntley

POMEROY, Justice.

Appellant was convicted after a jury-waived trial of a violation of 29 M.R.S.A. § 2184 as it read on April 11,1975. From a judgment entered on such conviction, he seasonably appealed.

We sustain the appeal.

The complaint1 under oath which purported to originate the action from which this appeal resulted was inadequate in law to confer jurisdiction upon the court to try the case, convict, and impose a lawful sentence. This conclusion we reach on the authority of State v. Ward, 156 Me. 59, 158 A.2d 869 (1960).

Our conclusion that the appeal must be sustained is bottomed upon the…