Legal Opinion

State v. Carter

Supreme Judicial Court of Maine

Decided April 7, 1982PublishedCited by 17 opinions

1Opinion of the Court

McKUSICK, Chief Justice.

On this appeal the sole question is whether the instrument that charged defendant with operating a motor vehicle while “under the influence of liquor” in violation of 29 M.R.S.A. § 1312 is critically deficient because the “liquor” involved was not explicitly identified as “intoxicating liquor” in the words of the statute. The Superior Court dismissed the complaint for failure to state a crime. We disagree and so reinstate the prosecution.

Defendant Paul O. Carter was arrested' on February 6, 1981. The arresting officer filled out a Uniform Traffic Ticket and Complaint;…

2Cases cited5 opinions

  1. State v. O'ClairSupreme Judicial Court of Maine · 1972
  2. State v. ChickSupreme Judicial Court of Maine · 1970
  3. State v. MartinSupreme Judicial Court of Maine · 1978
  4. State v. BellmoreSupreme Judicial Court of Maine · 1949
  5. State v. SchumacherSupreme Judicial Court of Maine · 1953

3Cited by17 opinions

  1. State v. PickeringSupreme Judicial Court of Maine · 1983
  2. State v. SnowSupreme Judicial Court of Maine · 1983
  3. State v. DrownSupreme Judicial Court of Maine · 1982
  4. State v. MichaudSupreme Judicial Court of Maine · 1986
  5. State v. BardSupreme Judicial Court of Maine · 2002

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