State v. Soper
Supreme Judicial Court of Maine
ExceptioNS from the Court of Common Pleas, Perham J. presiding. This was an indictment against Soper, Staples, Locke, and Twitchell, for larceny at Orono, in stealing thirty pine logs, the property of J. Cushing and others. After they bad been arraigned, and had pleaded not guilty, Soper moved for a separate trial. The Judge refused to grant the motion, unless it should be necessary to his defence.
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ExceptioNS from the Court of Common Pleas, Perham J. presiding. This was an indictment against Soper, Staples, Locke, and Twitchell, for larceny at Orono, in stealing thirty pine logs, the property of J. Cushing and others. After they bad been arraigned, and had pleaded not guilty, Soper moved for a separate trial. The Judge refused to grant the motion, unless it should be necessary to his defence. It was not shown to be necessary to the satisfaction of the Judge, and be refused to grant the separate trial; to which Soper excepted. A witness testified to certain conversations with Staples,…
1Opinion of the Court
*295The opinion of the Court was prepared by
Emery J.
The defendants, excepting Twiichel, who was not arraigned, pleaded not guilty. Soper moved for a separate trial. It did not appear necessary for his defence, and was refused. Even in capital trials, it is not a matter of right, but within the discretion of the Court. United States v. Merchant, 12 Wheat. 480.
Exception was taken to the evidence of Thomas A. White, because the statements were made, as it was asserted, in behalf of the defendants, under an offer of compromise. The witness said it was voluntary.
We are not aware that the rule of…
2Cases cited4 opinions
- United States v. GoodingSupreme Court of the United States · 1827
- United States v. MarchantSupreme Court of the United States · 1827
- Bank of United States v. SmithSupreme Court of the United States · 1826
- Fowle v. Common Council of AlexandriaSupreme Court of the United States · 1826
3Cited by7 opinions
- People v. LairdMichigan Supreme Court · 1894
- Christian v. United StatesCourt of Appeals for the Fifth Circuit · 1925
- Town of Scranton v. HensenSupreme Court of Iowa · 1911
- State v. MoreySupreme Judicial Court of Maine · 1927
- State v. RichmondSupreme Court of Iowa · 1908
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