State v. Smith
Supreme Judicial Court of Maine
ON EXCEPTIONS. .Two indictments under R. S., c. 27, § 20. The first indictment contained two counts; one alleging that the respondent, on the 16th day of June, 1871, at New Portland, “ did travel from place to place in said town of New Portland, carrying for sale, and offering for sale, and offering to obtain, and obtaining orders for the sale and delivery of spirituous, intoxicating, and fermented liquors in this State; ” and the other containing the same allegations with…
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ON EXCEPTIONS. .Two indictments under R. S., c. 27, § 20. The first indictment contained two counts; one alleging that the respondent, on the 16th day of June, 1871, at New Portland, “ did travel from place to place in said town of New Portland, carrying for sale, and offering for sale, and offering to obtain, and obtaining orders for the sale and delivery of spirituous, intoxicating, and fermented liquors in this State; ” and the other containing the same allegations with the additional averment “ that William Smith, aforesaid, while so traveling as aforesaid, for purposes aforesaid, did…
1Opinion of the CourtDicKERSON, J.
These cases come before us on exceptions to the order of the presiding judge overruling the demurrer. The ground relied upon to sustain the demurrer is, that separate and distinct offences are charged in the same count. Both indictments aré brought on R. S., c. 27, § 20.
No rule of criminal pleading is better established than that which prohibits the joinder of two or more substantive offences in the same count. A substantive offence is one which is complete of itself, and is not dependent upon another. When several acts relate to the same transaction, ahxl together constitute but one…
2Cited by7 opinions
- State v. CoyleCourt of Criminal Appeals of Oklahoma · 1912
- Knopf v. StateIndiana Supreme Court · 1882
- Weinstein v. StateCourt of Appeals of Maryland · 1924
- Mills v. StateIndiana Supreme Court · 1875
- Maloney v. StateCourt of Special Appeals of Maryland · 1973
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