State v. Hall
Supreme Judicial Court of Maine
On exceptions from the superior court. Indictment charging that the defendant "a certain building occupied by the said Reuben C. Hall, as a saloon, situated at the corner of depot square in said Gardiner, unlawfully did use for the illegal keeping and sale of intoxicating liquors.” At the trial a witness was called by the government, who testified that he was a deputy collector of internal revenue, and be refused to produce certain records, or memoranda called for.
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On exceptions from the superior court. Indictment charging that the defendant "a certain building occupied by the said Reuben C. Hall, as a saloon, situated at the corner of depot square in said Gardiner, unlawfully did use for the illegal keeping and sale of intoxicating liquors.” At the trial a witness was called by the government, who testified that he was a deputy collector of internal revenue, and be refused to produce certain records, or memoranda called for. His last answer was "I think it is possible that if Mr. Hall has paid the United States tax as a retail liquor dealer his name…
1Opinion of the CourtDanforth, J.
The motion in arrest of judgment in this case was properly overruled. The building is sufficiently described in the indictment, and whether in fact it corresponded with that description was a question for the jury.
The controversy with the collector and his deputy with the proceedings against the latter for contempt affords the respondent no ground for exception.
The copy of the collector’s record having been taken and sworn to by a competent witness was admissible. State v. Lynde, 77 Maine, 561. The fact that the building is not described in the same language as in the indictment, if material,…
2Cases cited2 opinions
- Commonwealth v. KelleyMassachusetts Supreme Judicial Court · 1874
- Commonwealth v. BarlowMassachusetts Supreme Judicial Court · 1867