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State v. McLoon

State v. Silas W. McLooN

State v. McLoon, 6 A. 601 (Me. 1886)
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Court
Supreme Judicial Court of Maine · State Highest Courts
Decided
November 9, 1886
Judges
Daneortit, Foster, Haskell, Libbey, Peters, Virgtn
Citations
6 A. 60178 Me. 4201886 Me. LEXIS 83
Cited by 3
Headnotes
Drunkenness. B. S., c. 27, § 48. St. 1885, e. 366, § 6. •A complaint founded on R. S., c. 27, § 48 as amended By St. 1885, c. 36G, § 6, simply alleging the name of the town in which the defendant was intoxicated and disturbing the public peace, is not sufficient on demurrer.
Summary
On EXCEPTIONS by the defendant to the ruling of the court in ■overruling a demurrer to the following complaint: '"State of Maine. Knox, ss. To the judge of our police court for the city of Rockland, in the county of Knox : " A. J. Crockett of Rockland, in said county of Knox, on the ■tenth day of April, in the year of our Lord one thousand eight .hundred and eighty-five, in behalf of said state, on oath complains that Silas W. McLoon of Rockland, in the county of Knox, ■laborer, on the ninth day of April aforesaid, at Rockland ■aforesaid, in the county aforesaid, did voluntarily drink intoxi■cating liquors to excess, and was then and there guilty of drunkenness by said voluntary use of said intoxicating liquors, and was then and there found and seen drunk and intoxicated and disturbing the peace of the public, against the peace of said ■state, and contrary to the form of the statute in such case made and provided. "Wherefore, the said complainant prays that the said respondent may be apprehended and held to answer to this complaint, and dealt with relative to the same, as law and justice may require. "Dated at Rockland aforesaid, this tenth day of April, in the year of our Lord one thousand eight hundred and eighty-live. (Signed.) A. J. Crockett.”

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Virgtn

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VirgtN, J.

The complaint is based on R. S., c. 27, § 48, as amended by St. 1885, c. 366, § 6, which creates two classes of offences: (1.) "Being found intoxicated in any street or highway and (2.) "Being intoxicated in one’s own house, or in any other building or place, becoming quarrelsome, or in any other way disturbing the public peace, or that of his own or any other family.”

The complaint sets out neither of these offences. The " place ” in which the defendant was alleged to have been found intoxicated is not specified. It is not sufficient to allege simply that he was found intoxicated in Rockland, without specifying whether in the street, highway, building, or other particular locality.

The clause "and if found guilty of being intoxicated as aforesaid,” was substituted by the legislature in the revision of 1883, for the phrase (found in the original statute of 1858, c. 33, § 26, and retained in all of the amendatory statutes of 1874, c. 255, 1880, chaps. 228 and 247) "and if found guilty of being intoxicated in the streets or highways, or of being intoxicated in his own house, or any other building or place, and becoming quarrelsome and disturbing the public peace.” So that merely being found intoxicated otherwise than in the public or private places enumerated is not an offence in this state.

Demurrer sustained. Complaint adjudged bad.

Peters, C. J., Daneortit, Libbey, Foster and Haskell* JJ., concurred.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 3 cases

View all citing references →
1936: 11942: 11951: 119362026peak 1936 · 1

Relies on it most ⓘ

  1. State v. Peacock25 A.2d 491 (Me. 1942)
  2. State v. Lawrence82 A.2d 90 (Me. 1951)
  3. Savings Bank of New Britain v. Weed185 A. 571 (Conn. 1936)

Most recent

  1. State v. Lawrence82 A.2d 90 (Me. 1951)
  2. State v. Peacock25 A.2d 491 (Me. 1942)
  3. Savings Bank of New Britain v. Weed185 A. 571 (Conn. 1936)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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