State v. Leavitt
Supreme Judicial Court of Maine
On exceptions. Tbe indictment upon which the defendant was tried in this case sufficiently appears in the opinion of the court.
Read the full summary
On exceptions. Tbe indictment upon which the defendant was tried in this case sufficiently appears in the opinion of the court. After the jury had returned a special verdict of guilty of assault with intent to kill, the defendant filed a motion in arrest of judgment for the following reasons and grounds appearing upon the face of the indictment: 1. The first count in said indictment charges three separate offenses in the same count; whereas by law but one offense can be charged in one count. 2. The second count contains no legal and sufficient allegation of the time when said supposed offense…
1Opinion of the CourtHaskell, J.
Indictment containing two counts. The first count charges that the defendant "an assault did make, and him, the said Warren Spaulding, did beat, bruise and ill treat, with a dangerous weapon, to wit, a knife which said” [defendant] "then and there held, with intent him, the said Warren Spaulding, to murder, maim and kill, against the peace, ”&c. The *77second count charges assault and battery. The verdict was : "Guilty of assault with intent to kill.”
I. It is objected in arrest that the second count does not support the verdict, and that no judgment can be rendered upon it under that count. As…
2Cases cited26 opinions
- Brennan v. PeopleIllinois Supreme Court · 1854
- Jones v. StateTexas Supreme Court · 1854
- Weinzorpflin v. StateIndiana Supreme Court · 1844
- People of the State of New York v. . DowlingNew York Court of Appeals · 1881
- State v. TweedySupreme Court of Iowa · 1860
21 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. FerrisSupreme Judicial Court of Maine · 1969
- Collins v. RobbinsSupreme Judicial Court of Maine · 1951
- CarsonSupreme Judicial Court of Maine · 1944
- State v. DoyonSupreme Judicial Court of Maine · 1966
- State v. SpragueSupreme Judicial Court of Maine · 1938
5 more not listed; retrieve them via the Exa API.