State v. Dodge
Supreme Judicial Court of Maine
On exceptions, to overruling a motion in arrest of judgment, after verdict, upon the following indictment: “The jurors for said state, upon their oath present, that Benjamin Dodge of Newcastle, in said county of Lincoln, at Newcastle in said county of Lincoln, on the first day of June, in the year of our Lord one thousand eight hundred and eighty-six, and ■on divers other days and times between said first day of June, A. D. 1886, and the fifteenth day of July, A. D. 1886,…
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On exceptions, to overruling a motion in arrest of judgment, after verdict, upon the following indictment: “The jurors for said state, upon their oath present, that Benjamin Dodge of Newcastle, in said county of Lincoln, at Newcastle in said county of Lincoln, on the first day of June, in the year of our Lord one thousand eight hundred and eighty-six, and ■on divers other days and times between said first day of June, A. D. 1886, and the fifteenth day of July, A. D. 1886, did keep and maintain for the purpose of taking alewives and other fish, a certain fish-weir in the waters of the…
1Opinion of the CourtHaskeld, J.
“Neither a complaint nor an indictment for a criminal offense is sufficient in law, unless it states the day, as well as 111® month and year on which the supposed offense was committed.” State v. Beaton, 79 Maine, 314.
An act, prohibited by statute on certain particular days only, must be charged as having been committed on one of those particular days: for the time laid is a material element in the offense, and, unless laid on a day within the statute, no offense would be charged. In the case at bar, both time and place are material elements to constitute the statute offense. State v.…
2Cited by2 opinions
- State v. RowellSupreme Judicial Court of Maine · 1951
- State v. MerrillSupreme Judicial Court of Maine · 1933