State v. Bartlett
Supreme Judicial Court of Maine
This is a complaint and warrant for search and seizure, under the Act of 1858, for the suppression of drinking houses and tippling shops, § 14. The complaint was made to the Municipal Court for the city of Augusta, and warrant issued, Oct. 14, 1859. The case was tried in that Court, and judgment given against the defendant, from which he appealed.
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This is a complaint and warrant for search and seizure, under the Act of 1858, for the suppression of drinking houses and tippling shops, § 14. The complaint was made to the Municipal Court for the city of Augusta, and warrant issued, Oct. 14, 1859. The case was tried in that Court, and judgment given against the defendant, from which he appealed. On trial of the appeal before Mat, J., Nov. term, 1859, the defendant’s counsel moved the Court to quash the complaint and warrant, because, 1st, that it was not sufficiently alleged in the complaint, when the defendant deposited and kept…
1Opinion of the Court
The opinion of the Court was drawn up by
Rice, J.
Objections are made, in a motion to quash, and also in a motion in arrest of judgment, to the complaint and warrant in this case. It is objected that the complaint, which described the offence as having been committed in the year “eighteen hundred and fifty-nine,” is defective, in that it *393does not state in what era this year occurred. Under the authority cited by the defendant, Commonwealth v. Mc’Loon, 5 Gray, 91, this defect would be deemed fatal. But by c. 1, §4, clause 11, R. S., it is provided that the word “year,” used for a date, means the…
2Cited by6 opinions
- Jackson v. StateSupreme Court of Florida · 1924
- McInerney v. United StatesCourt of Appeals for the First Circuit · 1906
- State v. MarkusonNorth Dakota Supreme Court · 1897
- McMahan's Administratrix v. DraffenCourt of Appeals of Kentucky (pre-1976) · 1932
- State v. HoffmanOregon Supreme Court · 1917
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