State v. Nutting
Supreme Judicial Court of Maine
ON EXCEPTIONS from Nisi Prius, Tenney, J., presiding. Indictment. It contained but one count charging the respondent with the crime of adultery with one A. M., a married woman. It also alleged the respondent to be her father, and that the parties were within the degrees of consanguinity, within which marriages by the law of this State, are incestuous and void.
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ON EXCEPTIONS from Nisi Prius, Tenney, J., presiding. Indictment. It contained but one count charging the respondent with the crime of adultery with one A. M., a married woman. It also alleged the respondent to be her father, and that the parties were within the degrees of consanguinity, within which marriages by the law of this State, are incestuous and void. Before pleading to the indictment a written motion in abatement was presented, because it was not signed by the foreman of the grand jury. (The one first chosen had resigned and another was appointed in his place, who had officiated at…
1Opinion of the Court
Appleton, J.:—
The defendant filed a motion to abate the indictment for causes therein set forth, and offered to substantiate the facts upon which the motion rested, by evidence derived from the records of this Court, and from the *361testimony of witnesses. Tlio case finds that no proof was offered to establish the facts alleged by the motion to exist. The motion was accordingly overruled, and it is difficult to perceive how the presiding Judge could have done otherwise than overrule it, since it was wholly* unsustained by proof.
It seems that leave was granted the county attorney upon Ms motion,…
2Cited by7 opinions
- The People v. WatsonIllinois Supreme Court · 1946
- Woodworth v. MillsWisconsin Supreme Court · 1884
- State v. LononSupreme Court of Missouri · 1932
- Commonwealth Ex Rel. Thor v. Ashe, WardenSuperior Court of Pennsylvania · 1939
- Wilson v. StateSupreme Judicial Court of Maine · 1970
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