State v. Cobb
Supreme Judicial Court of Maine
ExceptioNS from the superior court, Cumberland county. Suit on recognizance. (Writ.) " [l. s.] State of Maine. — Cumberland, ss.
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ExceptioNS from the superior court, Cumberland county. Suit on recognizance. (Writ.) " [l. s.] State of Maine. — Cumberland, ss. To the sheriff of the county of Cumberland or either of his deputies, Greeting: "Whereas Francis Kane was brought before the municipal court for the city of Portland, in said county of Cumberland, on the fifth day of February, A. D., 1878, by virtue of a warrant duly issued upon complaint of C. K. Bridges in behalf of said state, on oath charging: that said Francis Kane of Portland, in said county, on the second day of February, A. D., 1878, at said Portland, with…
1Opinion of the CourtSymoNDS, J.
We think that under the provisions of E. S., c. 133, § 22, declaring that no action on a recognizance in a criminal case shall be defeated for any defect of form, "if it can be sufficiently understood, from its tenor, at what court the party or witness was to appear, and from the description of the offence charged, that the magistrate was authorized to require and take the same — and under the decision of the court in State v. Hatch, 59 Maine, 410, the judge of the superior court correctly ruled against the demurrer filed to this writ of scire facias, and under the issue joined upon the plea…
2Cited by1 opinion
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