30 Me. 29
Supreme Judicial Court of Maine
Decided July 1, 1849
Supreme Judicial Court of Maine · decided 1849-07-01
<p>Where an indictment for larceny contains any particulars descriptive of the property stolen, though not necessary to be inserted, they must be proved on the trial.</p>
Good law ✅— No negative treatment on recordhow we know
Decided 1849-07-01
Cited by 11 later decisions — most recently June 1970
11 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1— The rule in criminal trials is, that all material allegations in the indictment must be proved. The color and kind of animal alleged to be stolen, are made material by being set out in the indictment. Whether it was necessary to make such allegations, is not the question before us, but there is no doubt that, if found in the indictment, they must be proved. The principle in this State has been already settled in State v. Noble, 15 Maine, 446.
¶2 Exceptions sustained and, new trial granted.