State v. Sutkus

On exceptions. The respondent stands jury-convicted of an assault and battery with intent to kill and slay while armed with a dangerous weapon. The presiding Justice denied his motion for a new trial, to which exception was taken. Instead, his remedy was to appeal. R. S. 1930, Chap. 146, Sec. 27; State v. O’Donnell, et als., 131 Me., 294, 161 A., 802; State v. Dodge, 124 Me., 243, 127 A., 899. Without particular comment, however, it may be stated that, although the ruling on the motion is not properly before us, we have carefully examined the evidence and found it sufficient to warrant the…