State v. Berry
Supreme Judicial Court of Maine
On exceptions by respondent. Exceptions sustained. Indictment quashed. This is an indictment in which the respondent is charged with criminal libel. The respondent was tried upon a plea of not guilty, in the Superior Court for Cumberland County, at the January term of said Court, 1914. The jury returned a verdict of guilty. At said, term, the respondent filed a motion in arrest of judgment. The presiding Judge overruled said motion, and the respondent excepted.
Read the full summary
On exceptions by respondent. Exceptions sustained. Indictment quashed. This is an indictment in which the respondent is charged with criminal libel. The respondent was tried upon a plea of not guilty, in the Superior Court for Cumberland County, at the January term of said Court, 1914. The jury returned a verdict of guilty. At said, term, the respondent filed a motion in arrest of judgment. The presiding Judge overruled said motion, and the respondent excepted. The case is stated in the opinion.
1Opinion of the CourtSavage, C. J.
The defendant was indicted for criminal libel, and was tried and convicted. The case comes before the Law Court on the defendant’s exceptions to the exclusion of testimony, and to the overruling of a motion in arrest of judgment. We think the latter *502exceptions must be sustained, and the indictment quashed. That being so, we have no occasion to consider the other questions. It would be improper to do so.
The definition and prosecution of a criminal libel are in this State matters of statute. The statute defines the crime, declares the responsibility and regulates the proceeding. Section 1 of…
2Cases cited1 opinion
- Commonwealth v. MonahanMassachusetts Supreme Judicial Court · 1898
3Cited by5 opinions
- Eberhardt v. BarkerSupreme Court of Florida · 1932
- State v. LevandWyoming Supreme Court · 1927
- State v. BlaisSupreme Judicial Court of Maine · 1978
- State v. NavarroSupreme Judicial Court of Maine · 1932
- State v. PayneWest Virginia Supreme Court · 1920