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85 Me. 147

State v. Robinson

Supreme Judicial Court of Maine

Decided December 1, 1892

Supreme Judicial Court of Maine · decided 1892-12-01

<p> Indictment. Pleading. Gaption. Pate. </p> <p>An erroneous date in the caption of an indictment is harmless when the clerk’s: certificate shows that it was properly returned and filed.</p>

Cited by 1 later decisions — most recently May 1939

1 federal appellate ·

Relies on Commonwealth v. Hines · Commonwealth v. Smith · Commonwealth v. Brown

Good law ✅— No negative treatment on recordhow we know

Decided 1892-12-01

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Haskell, J.

¶1The only exception in this case worthy of consideration is, whether an erroneous date in the caption of an indictment, showing it to have been found in Januaiy, 1891,. instead of January, 1892, as appears from the clerk’s certificate' upon the back of it, is a fatal defect, the offense being charged and proved to have been committed in November, 1891.

¶2It is settled law in Massachusetts that such an error is harmless. Commonwealth v. Hines, 101 Mass. 33 ; Commonwealth v. Smith, 108 Mass. 486 ; Commonwealth v. Brown, 116 Mass. 339. We see no reason why the same doctrine should not be held in this State.

¶3 Exceptions overruled.

Peters, C. J., Virgin, Libbey, Poster and Whitehottse, JJ., concurred.
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