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32 Me. 439

State v. Phinney

Supreme Judicial Court of Maine

Decided April 15, 1851

Supreme Judicial Court of Maine · decided 1851-04-15

Exceptions from the District Court, Cole, J. The defendant was prosecuted by complaint for selling spirituous “ liquor, not imported, viz., to Davis, one glass. He moved the court to quash the indictment, and after a conviction he moved that judgment be arrested. The reasons offered for the motions were — 1. That the facts charged do not amount to an offence. 2. That the allegations coming before the videlicet do not describe an offence. 3.

Decided 1851-04-15

Tenney, J.,

¶1orally.—The complaint is of peculiar structure. It is not certain that it contains a videlicet; we consider it rail-er a repetition. But counsel assume it to be a videlicet, and rely on some authorities. That in 21st Pick, is inapplicable. It relates only to the purchaser’s name, and that from 16th Mass, relates only to the time.

¶2The counsel supposes that what comes under a videlicet cannot be traversed. But that is not now considered to be the law. Every material fact, though laid under a videlicet, is traversable. 1 Chitty’s Plead. (3d Amer. ed.) 586. The earlier doctrine is exploded.

¶3Exceptions overruled.

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