State v. McCann
Supreme Judicial Court of Maine
On exceptions. Search and seizure. The respondent was tried upon his appeal, and the jury found a verdict of guilty. It appeared in evidence upon the trial that the complaint and warrant were drawn by Erastus B. Thomas, who was at the time deputy sheriff for the county of Penobscot, said complaint and warrant being drawn by him. for, and the complaint signed and sworn to by, Danforth L. Olark, as complainant.
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On exceptions. Search and seizure. The respondent was tried upon his appeal, and the jury found a verdict of guilty. It appeared in evidence upon the trial that the complaint and warrant were drawn by Erastus B. Thomas, who was at the time deputy sheriff for the county of Penobscot, said complaint and warrant being drawn by him. for, and the complaint signed and sworn to by, Danforth L. Olark, as complainant. The warrant was served by another deputy sheriff, to whom Thomas acted as aid in making the search under the warrant. The respondent’s attorney, upon this evidence, requested the…
1Opinion of the CourtAppleton, C. J.
Chapter eightieth of the revised statutes relates to sheriffs, coroners and constables and to their duties.
Section 52 refers exclusively to civil proceedings. The object was to prevent officers of either of the classes mentioned acting ' as attorneys or advising in any suit or drawing writs, &c., for any other person. But a complaint for a criminal offense is not a suit within the meaning of this section. Criminal proceedings are in the name of the state,'not of the party complaining. The complaint is in behalf of the state, not of the complainant. It is by the complainant, not for the…
2Cited by1 opinion
- State v. UrbanSupreme Court of New Hampshire · 1953