Legal Opinion

Breton

Supreme Judicial Court of Maine

Decided May 29, 1899PublishedCited by 21 opinions

On Exceptions by Petitioner,. Petition for habeas corpus, in which it appeared that the petitioner was twice convicted in the municipal court for, the city of Lewiston, of the crime of keeping intoxicating liquors witb intent to sell tlie same in violation of law, and sentenced therefor. From each conviction and sentence the petitioner appealed to the Supreme Judicial Court.

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On Exceptions by Petitioner,. Petition for habeas corpus, in which it appeared that the petitioner was twice convicted in the municipal court for, the city of Lewiston, of the crime of keeping intoxicating liquors witb intent to sell tlie same in violation of law, and sentenced therefor. From each conviction and sentence the petitioner appealed to the Supreme Judicial Court. The appeals were entered, and the petitioner being defaulted, the judgment of the lower court in each case was affirmed. Mittimus was issued in one case, and the petitioner served that sentence, his imprisonment expiring…

1Opinion of the CourtWhitehouse, J.

On the first day of June, 1897, the petitioner was convicted in the municipal court of Lewiston upon two complaints for illegally keeping intoxicating liquors for sale, and received an alternative sentence of sixty days imprisonment in each case. It was not stated which imprisonment should be suffered first, nor that sentence in either case should begin at the expiration of the sentence in the other.

The petitioner didy entered an appeal in each case in the supreme judicial court at the September term of 1897, and on the 15th day of that term, being the 8th day of October, he was defaulted in…

2Cases cited3 opinions

  1. In re LamphereMichigan Supreme Court · 1886
  2. In re BloomMichigan Supreme Court · 1884
  3. Prince v. StateTexas Supreme Court · 1876

3Cited by21 opinions

  1. Oregon v. IceSupreme Court of the United States · 2009
  2. Ex parte LamarCourt of Appeals for the Second Circuit · 1921
  3. Buessel v. United StatesCourt of Appeals for the Second Circuit · 1919
  4. People Ex Rel. Clancy v. GraydonIllinois Supreme Court · 1928
  5. Zerbst v. LymanCourt of Appeals for the Fifth Circuit · 1919

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