State v. Hines
| Decision Date | 15 May 1878 |
| Citation | 68 Me. 202 |
| Parties | STATE v. GEORGE HINES. |
| Court | Maine Supreme Court |
ON EXCEPTIONS.
INDICTMENT as a common seller with an allegation of conviction for a prior offense. To make out the former conviction the state put in the prior indictment and docket entries. No judgment had been extended upon the record. The defendant objected to the sufficiency of the proof, because it did not appear that any sentence had been passed, or that judgment had been ordered to be entered up (as bye him contended) for the state.
The presiding justice overruled the objection and ruled the proof sufficient; and the defendant alleged exceptions.
A Knowles, with James F. Rawson, for the defendant.
L A. Emery, attorney general, & J. Hutchings, county attorney, for the state.
The only question in this case is, whether the proof offered sustains the allegation in the indictment, of a previous conviction. No record having been extended the docket entries are admissible. State v. Neagle, 65 Me. 468.
From these entries, it appears that upon a former trial of the defendant for the violation of the same statute, a verdict of guilty was rendered, exceptions filed and allowed, and subsequently these exceptions were overruled and a certificate to that effect sent from the law court to the clerk of the county where the case was pending. No sentence was passed and no other proceedings were begun by which the verdict might by possibility be set aside.
By R S., c. 77, § 13, all cases both civil and criminal in which questions of law shall be raised, shall be " marked law on the docket and continued until their determination is certified by the clerk of the district to the clerk of the county." By R. S., as amended by c. 77, of the laws of 1876, when the determination of the court has been certified to the clerk, it is his duty, except in a few instances provided for by statute of which this is not one, to enter judgment. True, the sentence, which may be, though not necessarily, a part of the final judgment is not certified, but all other matters pending are. All has been done that is required to establish the verdict. The defendant has been heard upon all questions raised by him within the time allowed, and they have been determined against him. It only remains to pass the sentence, and the case can be continued for no other purpose. If the words " judgment for the state" had been added to the...
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State v. McClay
...and the necessity and effect thereof, see the following cases:--State v. Robinson, 39 Me. 150; State v. Regan, 63 Me. 127; State v. Hines, 68 Me. 202; State v. Woods, 68 Me. 409; State v. Wentworth, 65 Me. 234; State v. Gorham, 65 Me. 270; State v. Dolan & Hurley, 69 Me. 573; State v. Lashu......
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State v. Knowles
...record has been made, are admissible against him to prove such conviction. State v. Elden, 41 Me. 165; State v. Neagle, 65 Me. 408; State v. Hines, 68 Me. 202. 2. The respondent Bartlett was a witness in his own behalf, and upon cross-examination was asked by the county attorney if he had e......
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State v. Simpson
...same rules of imported verity apply to the docket entries as to the completed record State v. Neagle, 65 Me. 469, and cases cited: State v. Hines, 68 Me. 202. But this rule of evidence is not decisive of the question here presented. Such docket entries from the records of a superior court o......