State v. Small

On Exceptions. The respondent was indicted for breaking, entering, and larceny in the nighttime and was found guilty after a jury trial in the Superior Court for the County of Lincoln. The indictment contained three counts. One count alleged a prior conviction of robbery against the respondent. The jury returned a verdict of guilty on all counts.

The respondent duly filed a motion in arrest of judgment based upon the following grounds:(1) That the indictment did not sufficiently charge an offense against the respondent under the Constitution and Laws of the State of Maine.(2) That the…