State v. Flemming
Supreme Judicial Court of Maine
On exceptions. Indictment charging the defendant with being a common seller of intoxicating liquors at Bangor, in the county of Penobscot, on the first day of September, A. D. 1875, and to the time of finding the indictment at the February term, A. D. 1876. (Signed.) A true bill. Emore C. Smart, Foreman. The defendant seasonably filed the following plea in abatement: “STATE OE MAINE.
Read the full summary
On exceptions. Indictment charging the defendant with being a common seller of intoxicating liquors at Bangor, in the county of Penobscot, on the first day of September, A. D. 1875, and to the time of finding the indictment at the February term, A. D. 1876. (Signed.) A true bill. Emore C. Smart, Foreman. The defendant seasonably filed the following plea in abatement: “STATE OE MAINE. Penobscot Scilicet: Supreme Judicial Court, for the State of Maine, and at the February term thereof, in the year of our Lord one thousand eight hundred and seventy-six, for the transaction of criminal business.…
1Opinion of the CourtWalton, J.
The defendant is indicted for being a common seller of intoxicating liquors without a license. The indictment was found by a grand jury drawn by virtue of venires not having the seal of the court upon them. He pleads this fact in abatement, and prays that the indictment may be quashed.
I. Was a seal necessary. Undoubtedly. The question is res judicata in this state. It was decided in State v. Lightbody, 38 *149Maine, 200. Tbe court there held, not only that a seal was necessary, but that the doings of a grand jury drawn by virtue of veni-res not having the seal of the court upon them, were illegal…
2Cases cited1 opinion
- Commonwealth v. Inhabitants of StockbridgeMassachusetts Supreme Judicial Court · 1814
3Cited by8 opinions
- State v. BoyntonSupreme Judicial Court of Maine · 1948
- Choate v. SpencerMontana Supreme Court · 1893
- State v. DavisIndiana Supreme Court · 1881
- United States v. RichardsonUnited States Circuit Court · 1886
- State v. HoweSupreme Judicial Court of Maine · 1966
3 more not listed; retrieve them via the Exa API.