(Download) "Carson" by Knox Supreme Court of Maine * eBook PDF Kindle ePub Free
eBook details
- Title: Carson
- Author : Knox Supreme Court of Maine
- Release Date : January 06, 1944
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
The petitioner herein, after serving a little more than half of a 4-year term of imprisonment in the State Prison, seeks freedom by writ of error, filed pursuant to R. S. 1930, Chap. 116, Sec. 12, on assertion that the verdict underlying the sentence imposed against him was not a proper one under the indictment on which he was tried. Certified copies of the indictment, sentence and docket entries involved disclose that he was charged with taking indecent liberties with the sexual organs of a female child 9 years of age and convicted of an attempt to do so. The writ having been dismissed below comes forward on exceptions to that action. The claim is asserted that petitioner should be discharged from imprisonment, not because the indictment on which he was tried lacked an allegation essential to the crime for which he was convicted, as in Smith v. State, 33 Me. 48, 54 Am. Dec., 607, and Galeo v. State, 107 Me. 474, 78 A. 867, but on the technical grounds that an attempt to commit a crime must be prosecuted as such and that conviction for it will justify sentence only under an indictment alleging that in the attempted perpetration of a designated crime the accused committed some described overt act toward its consummation. Such is a recognized method of pleading in the prosecution of attempts. See State v. Doran, 99 Me. 329, 59 A. 440, 105 Am. St. Rep., 278, and the authorities therein cited.
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