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96 Me. 409

State v. Walsh

Supreme Judicial Court of Maine

Decided April 22, 1902

Supreme Judicial Court of Maine · decided 1902-04-22

Exceptions by defendant. Search and seizure process in the superior court for Cumberland county.

Cited by 1 later decisions — most recently July 1950

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Overruled · Decided 1902-04-22

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Emery, J.

¶1The respondent’s argument goes wholly to the warrant and the officer’s return upon the warrant.

¶2In State v. Kyer, 84 Maine, 109, the demurrer was to the complaint and warrant; judgment was prayed for want of sufficient complaint and wai'rant. The court held that it could not go beyond the demurrer, into any parts of the process or proceedings not demurred to.

¶3In his demurrer in this case the respondent names the complaint only as the object of the demurrer. Ho prays judgment for want of a sufficient complaint only.

¶4The only question raised, therefore, is the sufficiency of the complaint. The respondent in his argument has not attacked the complaint. No defect in the complaint is pointed out and we see none.

¶5Exceptions overruled.

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