(Download) "Smith v. State" by Knox Supreme Court of Maine * Book PDF Kindle ePub Free
eBook details
- Title: Smith v. State
- Author : Knox Supreme Court of Maine
- Release Date : January 09, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
On exceptions to the dismissal of a writ of error. The plaintiff in error was convicted of an escape from the Cumberland County jail and sentenced to imprisonment in the state prison for a term of not less than three and one-half years, nor more than seven years. He was sentenced on the tenth day of May, A.D., 1949 and the warrant of commitment issued the same day, since which time the plaintiff has been and now is held in the state prison in execution of said sentence. On the nineteenth of January, A.D., 1950, writ of error seeking reversal of the judgment and sentence was issued by a Justice of the Superior Court. Hearing was had before said Justice of the Superior Court who, on February 6, A.D., 1950, found no error apparent on the record, dismissed the writ and ordered petitioner to serve original sentence as imposed. Exceptions to this ruling were taken and allowed, and it is upon these exceptions that the case is now before the court. The assignments of error and the grounds of the exceptions may be summarized as follows: First, that the indictment does not charge the plaintiff in error with the commission of any crime cognizable under any law or statute of the State of Maine; Second, that the indictment does not charge the plaintiff in error with the commission of any offense which would authorize the sentence imposed.