State v. Hurley
Supreme Judicial Court of Maine
On Exceptions. Indictment against respondent for being a common seller of intoxicating liquors in violation of law. The indictment contained two counts, alleging a former conviction. Respondent seasonably moved that the indictment be quashed for uncertainty and insufficiency, and because the penalties for convictions under the two counts were different. But the presiding Judge overruled the motion.
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On Exceptions. Indictment against respondent for being a common seller of intoxicating liquors in violation of law. The indictment contained two counts, alleging a former conviction. Respondent seasonably moved that the indictment be quashed for uncertainty and insufficiency, and because the penalties for convictions under the two counts were different. But the presiding Judge overruled the motion. The respondent requested the presiding Judge to instruct the jury that the clause of §-32 c. 33 of the Public Laws of 1858, providing that "delivery shall be sufficient evidence of sale,” is…
1Opinion of the CourtAppletoN, C. J.
The law is well settled that exceptions do not lie for refusing to quash an indictment. State v. Burke, 38 Maine, 574. No motion has been made in arrest of judgment.
By the Act, approved March 25, 1858, c. 33, § 32, " Whenever an unlawful sale is alleged, and a delivery is proved, it shall not be necessary to prove a payment, but such delivery shall he sufficient evidence of sale.”
The counsel for the respondent requested the presiding Justice to instruct the jury that this section was contrary to the constitution and void, which he refused to do, whereupon exceptions were duly alleged because…
2Cited by13 opinions
- Meadowcroft v. PeopleIllinois Supreme Court · 1896
- Chicago, Burlington & Quincy Railroad v. JonesIllinois Supreme Court · 1894
- B'd of Com'rs of Excise, Etc. v. . MerchantNew York Court of Appeals · 1886
- Rose v. StateIndiana Supreme Court · 1909
- State v. BeachIndiana Supreme Court · 1897
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