Legal Opinion · Dissent

State v. Deschambault

Supreme Judicial Court of Maine

Decided May 17, 1963No. 3810Published

1DissentWilliamson, C. J.

I would hold the indictment sufficient in law and overrule the exceptions.

Serious problems raised by demurrers to indictments for cheating by false pretenses under R. S., c. 113, § 11 are evidenced in three cases decided this day; namely, State v. Deschambault (3811), State v. Binette, and the instant case. The difficulties have arisen, as I see it, not from differing views upon the general principles of law but from their application to the indictments before us.

In reaching the conclusion that the indictment is sufficient, I have in mind the following reasons:

*220First: Common ordinary words in…

2Cases cited4 opinions

  1. State v. MillsSupreme Judicial Court of Maine · 1840
  2. Commonwealth v. O'BrienMassachusetts Supreme Judicial Court · 1898
  3. State v. AlbeeSupreme Judicial Court of Maine · 1957
  4. State v. Maine State Fair Ass'nSupreme Judicial Court of Maine · 1953

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