Small v. Orne
Supreme Judicial Court of Maine
On report. The opinion states the case. " A dwelling house is the apartment, building, or cluster of buildings, in which a man, with his family, resides.” Bishop on Statutory Crimes, § 278. " If one part of a building is used for abode, it gives the character of dwelling house to every part to which there is an internal communication.” Id. § 280. " If there is no internal communication, the parts are to be considered as though they were distinct buildings.”
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On report. The opinion states the case. " A dwelling house is the apartment, building, or cluster of buildings, in which a man, with his family, resides.” Bishop on Statutory Crimes, § 278. " If one part of a building is used for abode, it gives the character of dwelling house to every part to which there is an internal communication.” Id. § 280. " If there is no internal communication, the parts are to be considered as though they were distinct buildings.” Id. § § 280, 285.- In State v. Spencer, 38 Maine, 30, the warrant, like the complaint, charges " that spirituous and intoxicating liquors…
1Opinion of the CourtFoster, J.
This is an action for breaking and entering the plaintiff’s shop. The defence is justification as constable of the city of Rockland, and by virtue of a complaint and warrant from the police court of said city.
But two questions of any importance are involved in the decision of this case: (1.) Was the defendant, Orne, a legally elected constable? (2.) If legally elected and qualified, was the warrant with which he was armed a justification for the *81acts of himself and of the other defendant who was acting as his aid?
I. No discussion is necessary in establishing the fact that Orne was legally…
2Cited by4 opinions
- Babyak v. AltenOhio Court of Appeals · 1958
- State ex rel. Beise v. District CourtSupreme Court of Minnesota · 1901
- Strange v. Oconto Land Co.Wisconsin Supreme Court · 1908
- Roberts v. DancerCourt of Appeals of Georgia · 1917