State v. Phinney
Supreme Judicial Court of Maine
On Exceptions, &c., from Nisi Prius, Howard, J., presiding. This was an indictment, containing four counts, for assault, with intent, &c. The prisoner was found guilty upon the last count. A motion was made by his counsel in arrest of judgment ; also that the verdict might be set aside, and a new trial granted. Yarious causes were assigned; but those which had a bearing upon the decision are stated in the opinion of the Court.
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On Exceptions, &c., from Nisi Prius, Howard, J., presiding. This was an indictment, containing four counts, for assault, with intent, &c. The prisoner was found guilty upon the last count. A motion was made by his counsel in arrest of judgment ; also that the verdict might be set aside, and a new trial granted. Yarious causes were assigned; but those which had a bearing upon the decision are stated in the opinion of the Court. Exceptions were also filed to certain instructions given by the presiding Judge, and to his rulings in refusing to give instructions. 1. The jury should have rendered a…
1Opinion of the CourtRice, J.
This case comes before us on a motion in arrest of judgment; on a motion for a new trial, on the ground that the verdict was against the evidence, &c.; and also on exceptions to the rulings of the presiding Judge. ' -
The causes assigned for arresting judgment are numerous. The first two causes assigned, contain, it is believed, the substantive matter relied upon, under this motion.
The first cause is thus set out; “because there was a mis*386trial of this cause, inasmuch as there are four counts in the indictment, and the jury rendered a verdict on one only — to wit, the fourth and last count in…
2Cases cited4 opinions
- Weinzorpflin v. StateIndiana Supreme Court · 1844
- United States v. KeenU.S. Circuit Court for the District of Indiana · 1839
- McGehee v. LindsaySupreme Court of Alabama · 1844
- State v. ColemanSupreme Court of Alabama · 1841
3Cited by8 opinions
- Drennan v. PeopleMichigan Supreme Court · 1862
- Hechter v. StateCourt of Appeals of Maryland · 1902
- Mills v. StateIndiana Supreme Court · 1875
- State v. MartelleSupreme Judicial Court of Maine · 1969
- State v. McNaughtSupreme Court of Kansas · 1887
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