State v. Neal
Supreme Judicial Court of Maine
Indictment, for a felonious assault. The defendant was convicted, and moved to set the verdict aside as being against evidence and the weight of evidence. The indictment and the testimony are set forth in the opinion of the Court. maintained, that the evidence on the trial did not authorize the finding of the jury; that, 1st, it should appear from all the circumstances that the intention of murder existed in order to uphold the verdict.
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Indictment, for a felonious assault. The defendant was convicted, and moved to set the verdict aside as being against evidence and the weight of evidence. The indictment and the testimony are set forth in the opinion of the Court. maintained, that the evidence on the trial did not authorize the finding of the jury; that, 1st, it should appear from all the circumstances that the intention of murder existed in order to uphold the verdict. Regina v. Cruse and Mary his wife, 8 Carr. & Payne, 541, (84 C. L. 522); Regina v. Jones, 9 Carr. & Payne, 258-, (88 C. L. 109); Roscoe’s Crim. Ev. 775 and…
1Opinion of the CourtCutting, J.
— The defendant was indicted on the 29th § of the R. S., c. 154, which provides, that “if any person, being armed with a dangerous weapon, shall assault another, with intent to murder, kill, maim, rob, steal, or to commit arson or burglary, he shall be punished by imprisonment in the State prison, not more than twenty years.”
The indictment consisted of two counts. The first stated, that the defendant, “ with force and arms in and upon the body of one Mark E. Jose, wickedly, violently and feloniously, did make an assault, he, the said James Neal, being then and there armed with a dangerous…
2Cited by22 opinions
- Patterson v. New YorkSupreme Court of the United States · 1977
- State v. CrockerSupreme Judicial Court of Maine · 1981
- State v. ParkSupreme Judicial Court of Maine · 1963
- State v. LaffertySupreme Judicial Court of Maine · 1973
- State v. WilburSupreme Judicial Court of Maine · 1971
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