State v. Palmer
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius,- Appleton, J., presiding. Indictment. The second count charged that the defendants, “ being armed with a dangerous weapon, viz: a gun loaded with powder and ball, with force and arms, in and-upon the body of one M. M., in the peace of the State then and there being, an assault did make with intent to maim him the said M. M., and him the said M. M., with the said loaded gun, the said defendants did then and there shoot and wound and maim,…
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On Exceptions from Nisi Prius,- Appleton, J., presiding. Indictment. The second count charged that the defendants, “ being armed with a dangerous weapon, viz: a gun loaded with powder and ball, with force and arms, in and-upon the body of one M. M., in the peace of the State then and there being, an assault did make with intent to maim him the said M. M., and him the said M. M., with the said loaded gun, the said defendants did then and there shoot and wound and maim, against the peace and the form of the statute.” The defendants were acquitted upon the first count and found guilty on the…
1Opinion of the CourtShepley, C. J.
— The accused were found guilty on the second count in the indictment, which alleges, that they made an assault with a loaded gun, with an intent to maim Martin Magoon, and that with it they did then and there shoot, wound and maim him.
A motion was made in arrest of judgment, which was overruled.
The objection to the count, taken in argument is, that it is bad for duplicity.
An assault, being armed with a dangerous 'weapon, with an intent to maim, is made felony by statute, c. 154, § 29, and that offence appears to be sufficiently described. The offence described in the thirteenth section of…
2Cases cited1 opinion
- Commonwealth v. AtwoodMassachusetts Supreme Judicial Court · 1814
3Cited by4 opinions
- Agar v. StateIndiana Supreme Court · 1911
- Mills v. StateIndiana Supreme Court · 1875
- Wailuku Sugar Co. v. Hawaiian Commercial & Sugar Co.Hawaii Supreme Court · 1901
- State v. RollinsSupreme Court of New Hampshire · 1874