In re Hume

At the trial, on an indictment for crime, exceptions were saved. After a jury verdict of guilty, sentence was imposed, notwithstanding the exceptions, as the statute requires. R. S., Chap. 146, Sec. 26. The respondent moved the trial court (the Kennebec Superior Court), at a term subsequent to the certification by the Law Court of its rescript overruling the exceptions and awarding judgment for the State (131 Me., 458, 164 A., 198), to vacate, set aside, and declare the conviction and sentence (which is still being served) to be without force and effect.

The motion alleged newly discovered…