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State v. Stickney

State of Maine v. Henry Stickney

State v. Stickney, 108 Me. 136 (1911)
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Court
Supreme Judicial Court of Maine · State Highest Courts
Decided
March 15, 1911
Judges
Cornish, Emery, Savage, Spear, Whitehouse
Citations
108 Me. 136
Disposition
Overruled.
Headnotes
Criminal Law. Motion in Arrest of Judgment. Sentence. 1- A motion in arrest of judgment made after sentence, cannot be considered. 2. The judgment on a conviction is the sentence. 8. A motion in arrest of judgment is not a proper remedy to correct errors in a sentence.
Summary
On exceptions by defendant. The defendant was arrested and arraigned on a warrant issued by Municipal Court of the City of Augusta, charging a single sale of intoxicating liquors and further alleging that "said Stickney has been previously convicted of a single sale of intoxicating liquors in the Municipal Court of Augusta on the 7th day of January A. D. 1909.” Upon conviction in the Municipal Court, he appealed to the Superior Court in the same county, where after trial before a jury he was found guilty and sentenced. After sentence, he filed a motion in arrest of judgment. The motion was overruled and the defendant excepted. The case is stated in the opinion.

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

Opinion of the Court — Emery

Text extracted by OCR from a scanned original; check the original for exact wording.

Emery, C. J.

The respondent was tried and convicted upon a complaint for a single sale of intoxicating liquor and containing an allegation of a prior conviction of a similar offense. He does not appear to have made any objection before verdict to the sufficiency of that allegation, nor does he appear to have brought the question of its sufficiency to the attention of the court before sentence. After *137 sentence, however, he filed a motion in arrest of judgment upon the ground of the insufficiency of that allegation to warrant the sentence.

The motion cannot be considered. It was filed after judgment, and hence too late. The sentence is the judgment of the court in a criminal case where there is a conviction. A motion in arrest of judgment is not the remedy for the correction of errors in a sentence. Galeo v. State, 107 Maine, 474, 78 At. 867 ; State v. Kibling, 63 Vt. 636 ; State v. O’Neil, 66 Vt. 356 ; Perry v. The People, 14 Ill. 496 ; Territory v. Corbett, 3 Mont. 50 ; Com. v. Swain, 160 Mass. 354 .

Exceptions overruled.

How later courts describe this case

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

1949: 11956: 11962: 11965: 11966: 119492026peak 1949 · 1

Relies on it most ⓘ

  1. Jenness v. State64 A.2d 184 (Me. 1949)
  2. Duncan v. State183 A.2d 209 (Me. 1962)
  3. Cressey v. State211 A.2d 572 (Me. 1965)
  4. State v. Melanson126 A.2d 278 (Me. 1956)
  5. King v. State183 So. 2d 494 (Miss. 1966)

Most recent

  1. King v. State183 So. 2d 494 (Miss. 1966)
  2. Cressey v. State211 A.2d 572 (Me. 1965)
  3. Duncan v. State183 A.2d 209 (Me. 1962)
  4. State v. Melanson126 A.2d 278 (Me. 1956)
  5. Jenness v. State64 A.2d 184 (Me. 1949)

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.

Authorities cited 6

DepthCaseCited by
Galeo v. State, 78 A. 867 (Me. 1911) 17
Perry v. People, 14 Ill. 496 (1853) 16
Territory v. Corbett, 3 Mont. 50 (1877) 12
Commonwealth v. Swain, 35 N.E. 862 (Mass. 1894) 10
State v. Kibling, 63 Vt. 636 (1891) 10
State v. O'Neil, 66 Vt. 356 (1894) 2

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