State v. Holt
Supreme Judicial Court of Maine
On exceptions. The defendant was indicted for obstructing the due course of justice by enticing, soliciting and persuading a witness, Treat, who had been summoned to appear before the court at Belfast, to become intoxicated, and by then and there removing and abducting the witness, whereby he did not appear and give evidence. The defendant filed a general demurrer to the indictment, which was joined by the attorney for the State.
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On exceptions. The defendant was indicted for obstructing the due course of justice by enticing, soliciting and persuading a witness, Treat, who had been summoned to appear before the court at Belfast, to become intoxicated, and by then and there removing and abducting the witness, whereby he did not appear and give evidence. The defendant filed a general demurrer to the indictment, which was joined by the attorney for the State. The presiding justice overruled the demurrer and sustained the indictment, and the defendant took exceptions. The indictment is sufficiently stated in the opinion.…
1Opinion of the CourtWalton, J.
A wilful and corrupt attempt to prevent the attendance of a witness before any lawful tribunal organized for the administration of justice is an indictable offense at common law. The essence of the offense consists in a wilful and corrupt attempt to interfere with and obstruct the administration of justice. And when the act and the motive are first directly averred, and then clearly proved, punishment should follow.
In this case, the indictment alleges that the defendant, " well ■ knowing that one Fred N. Treat, had been summoned in due form of law to appear before the Supreme Judicial Court…
2Cases cited1 opinion
- State v. KeyesSupreme Court of Vermont · 1836
3Cited by7 opinions
- Romans v. State of MarylandCourt of Appeals of Maryland · 1940
- State v. JonesNew Mexico Supreme Court · 1935
- People v. McAllisterCalifornia Court of Appeal · 1929
- People v. BoydMichigan Supreme Court · 1913
- People v. PrysockCalifornia Court of Appeal · 1982
2 more not listed; retrieve them via the Exa API.