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79 Me. 541

State v. Lashus

Supreme Judicial Court of Maine

Decided December 12, 1887

Supreme Judicial Court of Maine · decided 1887-12-12

On exceptions from superior court. The exceptions were to a pro forma ruling of the court, overruling a demurrer to the following complaint. (Complaint.) State of Maine. Kennebec, ss. To Horace W. Stewart, Esquire, judge of our municipal court of Waterville, in the county of Kennebec.

Key passage — most relied on by later courts

““The complaint follows the language of the statutory provision (R. S., c. 27, Sec. 31,) which creates the offence'intended to be charged; but such a mode of setting out a violation of a penal or criminal statute is not necessarily sufficient. State v. And. R.R. Co. 76 Maine, 411; Com. v. Pray, 13 Pick. 359 . The law affords to the respondent in a criminal prosecution such a reasonably particular statement of all the essential elements which constitute the intended offence as shall apprise him of the criminal act charged; and to the end, also, that if he again be prosecuted for the same offence he may plead the former conviction or acquittal in bar.””

quoted by 2 later decisions, including State v. Ward, Smith v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1887-12-12

How this case has been cited

Cited by 14 later decisions — most recently March 1963

14 state decisions

60188718901900191019201930194019501960decided

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.

View the full empirical analysis of this case →

Virgin, J.

¶1The complaint follows the language of the statutory provision (R. S., c. 27, § 31,) which creates the offence intended to be charged; but such a mode of setting out a violation of a penal or criminal statute is not necessarily sufficient. State v. And. R. R. Co. 76 Maine, 411; Com v. Pray, 13 Pick. 359. The law affords to the respondent in a criminal prosecution such a reasonably particular statement of all the essential elements which constitute the intended offence as shall apprise him of the criminal act charged ; and to the end, *543also, that if he again be prosecuted for the same offence he may plead the former conviction or acquittal in bar.

¶2Recurring to the complaint we find no allegation designating from what place or to what place, "in the state of Maine,” the liquors were transported. The complaint is too indefinite to afford to the defendant the requisite information, to which the law entitles him, orto identify it, in case another and subsequent prosecution for the same offence should be instituted. The case of Com. v. Heily, 9 Gray, 1, based on a similar statute, is in point, and holds, on a motion in arrest of judgment, that a complaint like the one at bar is insufficient.

¶3Had the allegations limited the places to and from which the liquors were transported to a particular town or city, the complaint might have been sufficient. Com. v. Hutchinson, 6 Allen, 595.

¶4Exceptions sustained. Complaint adjudged bad.

Peters, C. J., Walton, Danforth, Emery and Foster, JJ., concurred.
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