State v. Prescott

This criminal case, in grade a misdemeanor only, was-reserved in the Superior Court, the government and the defendant consenting, for decision by this Court on an agreed statement. The reservation, or report, stipulates that, if the complaint, made to the municipal court and brought forward on appeal, fails to allege the commission of an offense, a nolle prosequi shall be entered; otherwise, judgment to go for the State, sentence to be imposed below. This practice is not without precedent. R. S., Chap. 136, Sec. 27; State v. Maher, 49 Me., 569; State v. Bohemier, 96 Me., 257; State v. Robb,…