State v. Couture

• Decision Date: 20 July 1960
• Citation: 156 Me. 231,163 A.2d 646
• Parties: STATE of Maine v. Reynold A. COUTURE, Appellant.
• Court: Maine Supreme Court

Page 646

163 A.2d 646

156 Me. 231

STATE of Maine v. Reynold A. COUTURE, Appellant.

Supreme Judicial Court of Maine.

July 20, 1960.

Marcel J. Viger, Biddeford, for appellant.

Donald P. Allen, Biddeford, for appellee.

Before WILLIAMSON, C. J., and WEBBER, TAPLEY, SULLIVAN, DUBORD and SIDDALL, JJ.

DUBORD, Justice.

This case, argued at our May 1960 Term, is before us upon an appeal from the denial of a motion for a new trial filed by Reynald A. Couture, after a conviction in the Superior Court within and for the County of York for his alleged escape from the County Jail in violation of Section 28, Chapter 135, R.S.1954.

Under the provisions of Rule 8 of the Rules of Court, relating to Appellate Procedure For Indigent Defendants In Criminal Cases (now Rule 15 of Maine Criminal Rules), an abbreviated record was prepared for the use of this court and in the record is contained a stipulation of facts signed by counsel for the State and for the respondent. The chronology of events appears to be as follows.

Reynald A. Couture having pleaded guilty in the Superior Court of York County to the crime of breaking, entering and larceny in the nighttime, was ordered committed to the Reformatory for Men at Windham, in the County of Cumberland. A mittimus directed to the Sheriff of the County of York, or any of his deputies, dated March 1, 1957 was handed to the Sheriff and the prisoner immediately taken into custody and placed in the County Jail for the County of York, pending his transfer to the Reformatory for Men at Windham. In the mittimus is included this clause: 'We therefore command you, the said Sheriff or any of his deputies, forthwith (emphasis supplied) to convey the said Reynald A. Couture to the State Reformatory for Men aforesaid, and him deliver to the Superintendent thereof.' No emergency existed at the time such as sickness, quarantine or impassibility of roads. The Reformatory is located about 20 miles from the County Jail in Alfred, Maine. The prisoner was not transported immediately to the Reformatory, but was held in the County Jail from March 1, 1957 to March 6, 1957. The reason given by the Sheriff for failure to take him to the Reformatory earlier was that he and his deputies were busy investigating other criminal matters throughout the county. It is stipulated that there were 38 or 40 deputies on the Sheriff's staff.

On March 6, 1957, while the turnkey was held by a prisoner, the doorway to the cell block was opened and several prisoners left the jail. Couture was seen leaving the side door to the jail with other prisoners. He was captured and returned to the jail within a few hours. On March 8, 1957, he was transferred to the Reformatory and delivered to the Superintendent.

At the May 1957 Term of the Superior Court within and for the County of York, the grand jury returned an indictment against Couture charging him with escape in violation of Section 28, Chapter 135, R.S.1954. It is stipulated that no copy of the indictment was sent to Couture while he was in the Reformatory, and that he had no knowledge of the existence of the indictment until December 31, 1957, when he was arrested on a capias issued on the indictment by the Superior Court of York County. It is also stipulated that at no time between the May 1957 Term of the Superior Court and the January 1958 Term was any counsel appointed by the court to represent the respondent.

At the January 1958 Term, counsel was appointed by the court to represent the respondent and a copy of the indictment was furnished to him.

Prior to his arraignment, counsel for the respondent filed a motion to quash the indictment. This motion alleged in substance that the indictment was inadequate because of insufficient allegations and that the respondent had been denied his constitutional right to a speedy trial. The motion to quash was denied and exceptions noted and allowed. These exceptions were not prosecuted.

Counsel for the respondent then filed a plea in abatement, praying that the indictment be dismissed for the reason that the constitutional rights of the respondent had been violated in that he had not been furnished with a copy of the indictment, and that he was denied his right to a speedy trial. The plea was dismissed. To this ruling the respondent excepted. These exceptions were allowed, but were not prosecuted.

The respondent then entered a plea of not guilty and before trial, counsel made a statement for the record to the effect that the constitutional rights of the respondent were being reserved and not waived. Upon trial, the respondent was found guilty and sentenced to serve not less than two and one half years nor more than five years in the State Prison, and committed in execution thereof.

The respondent then filed a motion for a new trial and upon denial of the motion, he took an appeal, which is now before us.

The reasons alleged by the respondent in support of his appeal are substantially as follows:

(1) The verdict is against the law because the respondent was not informed of the nature of the charge against him by the furnishing of a copy of the indictment, and that he was denied a speedy trial, all in violation of his constitutional rights.

(2) Because the verdict is against the evidence in that he was not being lawfully detained as specified in Section 28, Chapter 135, and thus could not be guilty of the crime charged.

(3) That the verdict was against the weight of the evidence in that the respondent did not escape as alleged, and

(4) The charge of the presiding justice does not include a definition of what constitutes a waiver by the respondent of his constitutional rights.

It has frequently been held by this court that on appeal, in a criminal case, the issue is whether, in view of all the evidence, the jury was warranted in believing beyond a reasonable doubt the guilt of the respondent. This rule has so often been repeated that citation of authority appears to be unnecessary.

A study of the stipulated facts relating to the issue of the alleged escape convinces us that the evidence was such that the jury, in the light of instructions given them by the presiding justice, was warranted in believing, beyond a reasonable doubt, the guilt of the respondent. If that were all there is to the case, we might well stop at this point. In an ordinary criminal case, when this court is satisfied that the evidence supports a verdict of guilt, there is no reason to invoke the doctrine previously propounded that errors of law, improperly presented, may be considered upon an appeal, when injustice may result, if counsel has not seen fit to attack an inadequate indictment in accordance with the regular rules of criminal pleading. However, a careful study of the record convinces us that manifest errors exist and injustice will result unless these errors are examined upon this appeal. Authority for such procedure on the part of this court is abundant. 'In our practice, in civil cases, errors of law are not as a general rule open to review on a motion for a new trial directed to this court. The same general rule applies to statutory appeals in criminal cases. The appropriate practice is to present such errors to this court in a bill of exceptions, and a departure from this practice is not to be encouraged.

'In civil cases, however, an exception to this general rule has been recognized, and where, and only where manifest error in law has occurred in the trial of cases and injustice would otherwise inevitably result, the law of the case may be examined upon a motion for a new trial on the ground that the verdict is against the law, and the verdict, if clearly wrong, set aside. * * *

'The same exception must be recognized in the review of criminal appeals. In this state the principles applicable to the review of civil trials on a general motion govern appeals in criminal cases.' State v. Wright, 128 Me. 404, 406, 148 A. 141, 142; State v. Hudon, 142 Me. 337, 52 A.2d 520.

The proper procedure to test the adequacy of an indictment is, of course, by filing a demurrer before trial. If the demurrer is overruled, a respondent may take exceptions and prosecute those exceptions in this court; or he may wait until after a finding of guilt and file a motion in arrest of judgment, and if overruled, the same method of relief, by way of exceptions, is afforded to the respondent.

In the instant case, counsel for the respondent filed a motion to quash the indictment. Such a motion is addressed to the discretion of the court and is not exceptionable, unless abuse of authority is shown. State v. Mallett, 123 Me. 220, 122 A. 570.

While it has been generally held, as previously pointed out, that no exceptions lie to the refusal of the court to quash an indictment, it would seem that perhaps there is an exception to this rule where a motion to quash is filed in cases where the respondent contends that his constitutional rights were violated. See State v. Slorah, 118 Me. 203, 106 A. 768, 4 A.L.R. 1256. In any event, the exceptions were not prosecuted.

Counsel for the respondent, in his motion for a new trial alleges as grounds for a new trial reasons which cannot ordinarily be considered under such procedure. In his motion, among other grounds not ordinarily heard under a motion for a new trial, counsel attacks the charge of the justice, in relation to what constitutes a waiver of constitutional rights by one charged with crime.

If counsel for a respondent objects to any portion of the charge of the justice, correct practice is to have his exceptions noted to designated portions of the charge and prosecute his exceptions in this court. Likewise, if counsel for a respondent is of the opinion that the charge of the justice is insufficient, it is his duty to request that the court charge the jury in accordance with his conceptions of the applicable law, and if these instructions are refused, the respondent may protect his rights by taking...