State v. Learned
Supreme Judicial Court of Maine
This was a complaint against the defendant for having, on Jan. 15th, 1859, in his cellar in Industry, where then was his dwelling-house in which he lived, since burned, “ intoxicating liquors kept and deposited” by him, he not being authorized by law to sell said liquors, “ and that said liquors then and there were intended for sale in this State in violation of law, against the peace,” &c.
Read the full summary
This was a complaint against the defendant for having, on Jan. 15th, 1859, in his cellar in Industry, where then was his dwelling-house in which he lived, since burned, “ intoxicating liquors kept and deposited” by him, he not being authorized by law to sell said liquors, “ and that said liquors then and there were intended for sale in this State in violation of law, against the peace,” &c. There was evidence tending to showa that the defendant had in his keeping certain intoxicating liquors, and other evidence tending to prove that he had never sold any of the liquors. The veMict was “…
1Opinion of the Court
The opinion of the Court was drawn up by
Kent, J.
The defendant, after conviction, moves in arrest of judgment, because, as he alleges, the complaint on which he was tried does not set forth any offence against the statute. He avers that he may have done all the acts specified in the complaint, and not necessarily have violated any provision of the law; and that no man can be compelled to answer to a charge involving a criminal offence until the same is fully and formally set forth. The complaint is based upon the Act of 1858, c. 33, — “for the suppression of drinking-houses and tippling…
2Cited by20 opinions
- Pine v. CommonwealthCourt of Appeals of Virginia · 1917
- Parks v. StateIndiana Supreme Court · 1902
- State v. HaywardSupreme Court of Missouri · 1884
- State v. TerrySupreme Court of Missouri · 1891
- Dwyer v. StateSupreme Judicial Court of Maine · 1956
15 more not listed; retrieve them via the Exa API.