State v. Colburn
| Decision Date | 06 January 1936 |
| Parties | STATE v. COLBURN. |
| Court | Maine Supreme Court |
Report from Superior Court, Sagadahoc County.
Frank F. Colburn was charged with violating statute making it unlawful to conduct lotteries and schemes or devices of chance. On report on agreed statement of facts.
Report discharged.
Argued before DUNN, C. J., and STURGIS, BARNES, THAXTER, HUDSON, and MANSER, JJ.
Ralph O. Dale, Co. Atty., of Bath, for plaintiff.
Ensign Otis, of Rockland, and Pattangall, Williamson & Birkenwald, of Augusta, for the State.
The respondent was indicted by the grand jury for Sagadahoc county for a violation of Rev.St. 1930, c. 136, § 18. This is the statute making unlawful lotteries and schemes or devices of chance. The case is before us on report on an agreed statement, and the issue concerns the validity of a so called "bank night" as conducted by the respondent in his moving picture house in the city of Bath.
A recital of the facts as set forth in the agreed statement is unnecessary, as in the opinion of this court they are insufficient to allow an intelligent decision of the problem presented to us. The entry must accordingly be, report discharged.
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S**** S**** v. State
...stated, this Court will not pass upon the constitutionality of a statute. State v. Bailey, 1972, Me., 286 A.2d 603; State v. Colburn, 1936, 134 Me. 494, 182 A. 210. I am aware of State v. Aucoin, 1971, Me., 278 A.2d 395, which came before the White decision. But in Aucoin, the complaint was......
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Matheson v. Bangor Pub. Co.
...at issue was necessary to a decision of the entire case, and thus the matters were reported prematurely. See also State v. Colburn, 134 Me. 494, 494, 182 A. 210, 210 (1936) (report discharged because agreed statement of facts was "insufficient to allow an intelligent decision of the problem......