State v. McAloon
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Cutting, J., presiding. Indictment, as follows: — “ The jurors for the State aforesaid, on their oath present, that Newell Burrill,"otherwise called Joseph Burrill, of Bangor, in the county of Penobscot, on the 24th day of Nov. 1854, at said Bangor, three sleigh shawls, &c., (describing the property) and all of the value of thirty-seven dollars, then and there in the possesion of said Thomas H. Goodale and Walter Smith being found, feloniously…
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On Exceptions from Nisi Prius, Cutting, J., presiding. Indictment, as follows: — “ The jurors for the State aforesaid, on their oath present, that Newell Burrill,"otherwise called Joseph Burrill, of Bangor, in the county of Penobscot, on the 24th day of Nov. 1854, at said Bangor, three sleigh shawls, &c., (describing the property) and all of the value of thirty-seven dollars, then and there in the possesion of said Thomas H. Goodale and Walter Smith being found, feloniously did steal, take and carry away against, &c. * * * * And the jurors aforesaid, upon their oath aforesaid, do further…
1Opinion of the CourtGoodenow, J.
The 26th Rule of Court, referred to by the Attorney General, was probably intended to be applied to civil cases only. It was made before the statute disallowing motions in arrest of judgment in civil cases.
The late Rule 19, was made since this case was tried, and is confined to criminal cases. It requires that motions in arrest of judgment, in criminal cases, shall be filed and presented to the Court for adjudication, during the term in which the accused has been found guilty.
At common law the defendant may move at any time in arrest of judgment, before sentence is actually pronounced upon…
2Cited by7 opinions
- Kasle v. United StatesCourt of Appeals for the Sixth Circuit · 1916
- State v. MoxleyMontana Supreme Court · 1910
- State v. HumeSupreme Judicial Court of Maine · 1950
- State v. SmallSupreme Judicial Court of Maine · 1960
- State v. BlaisSupreme Judicial Court of Maine · 1978
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