Legal Opinion

State v. Davis

Supreme Judicial Court of Maine

Decided June 29, 1917PublishedCited by 6 opinions

Indictment under R. S., 1903, Chap. 119, Sec. 16, (R. S., 1916, Chap. 120, Sec. 16). At close of testimony, respondent filed motion asking that a verdict of not guilty be directed by the court. This motion was overruled and respondent filed exceptions. After verdict of guilty respondent filed motion in arrest of judgment. Presiding Justice overruled the motion and respondent seasonably excepted. Judgment in accordance with opinion. Case stated in opinion.

1Opinion of the CourtBird, J.

The indictment in this case charges the defendant with violation of R. S., (1903) Chap. 119, Sec. 16, (R. S., 1916, Chap. 120, Sec. 16), punishable by imprisonment for any term of years. At the *261close of the evidence at the trial a motion was made for the direction of a verdict for defendant which was refused. After verdict of guilty, the defendant moved in arrest of judgment, because 1, ‘ 'the indictment does not allege or set forth any substantive crilne — ■;” 2. "because the indictment does not set forth or allege any facts sufficient to constitute the substantive crime, etc., 3. "because…

2Cited by6 opinions

  1. State v. RoundsSupreme Court of Vermont · 1932
  2. State v. BobbSupreme Judicial Court of Maine · 1942
  3. State v. WheelerSupreme Judicial Court of Maine · 1954
  4. State v. MartinSupreme Judicial Court of Maine · 1936
  5. State v. BeetySupreme Judicial Court of Maine · 1940

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