State v. Miles

• Decision Date: 13 April 1896
• Citation: 36 A. 70,89 Me. 142
• Parties: STATE v. MILES.
• Court: Maine Supreme Court

36 A. 70

89 Me. 142

STATE

v. MILES.

Supreme Judicial Court of Maine.

April 13, 1896.

(Official.)

Exceptions from superior court, Cumberland county.

This was an indictment for bribery found against Dana H. Miles, a police officer of the city of Portland, by the grand jury of the superior court, Cumberland county, and to which the defendant filed a general demurrer. The presiding justice overruled the demurrer, and the defendant took exceptions. Exceptions overruled.

Indictment.

"The grand jurors for said state upon their oath present that Dana H. Miles, of Portland, in the county of Cumberland, on the fourth day of June, in the year of our Lord one thousand eight hundred and ninety-four, at said Portland, was a police officer of said Portland, duly and legally appointed and authorized to discharge the duties of that office; that, as such police officer, it was then and there the duty of said Dana H. Miles to arrest one John Murphy, the younger of that name, who was then and there, on said fourth day of June, unlawfully concerned in a certain lottery, scheme, and device of chance not authorized by law in said state, by then and there having in his possession, with intent to sell and dispose of the same, certain certificates, tickets, shares, and interests in said lottery, scheme, and device of chance, as he, the said Dana H. Miles, then and there well knew. Nevertheless, the said Dana H. Miles, not regarding the duties of his office as aforesaid, but perverting the trust reposed in him, and contriving and Intending the citizens of this state, for the private gain of him, the said Dana H. Miles, to oppress and impoverish, and the due execution of justice, as much as in him lay, to hinder, obstruct, and destroy, on said fourth day of June, in said Portland, under color of his said office as a police officer as aforesaid, a certain sum of money, to wit, the sum of five dollars, for not arresting said John Murphy, the younger of that name, and for not interfering with said John Murphy, the younger of that name, in the prosecution of said business of being unlawfully concerned in a certain lottery, scheme, and device of chance not authorized by law in said state as aforesaid, the said Dana H. Miles from the said John Murphy, the younger of that name, unlawfully, unjustly, and extorsively did accept, receive, and have, against the duties of his said office, to the great hindrance of justice, and against the peace of said state."

The second count alleged the same offense to have been committed on the eleventh day of the same month.

Third count: "* * * That said Dana H. Miles afterwards, to wit, on the tenth day of June, in the year of our Lord one thousand eight hundred and ninety-four, at said Portland, was an officer having power to serve criminal process within said Portland, to wit, a police officer of said Portland, duly and legally appointed and authorized to discharge the duties of that office; that by virtue of his authority as such police officer, he then and there seized, in a certain tenement situated on the northerly side of Fore street, so called, in said Portland, certain intoxicating liquors, a more particular description of which said intoxicating liquors is to the grand jurors unknown, which said intoxicating liquors were then and there kept and deposited in said tenement, and intended for illegal sale in said state, by one Lewis Levi, as he, the said Dana H. Miles, then and there well knew; that it was then and there the duty of said Dana H. Miles, as such officer, to institute proceedings against said Lewis Levi for having violated, as aforesaid, the laws relative to the illegal sale and the illegal keeping of intoxicating liquors. Nevertheless, the said Dana H. Miles, not regarding the duties of his office, as aforesaid, but perverting the trust reposed in him, and contriving and intending the citizens of this state, for the private gain of him, the said Dana H. Miles, to oppress and impoverish, and the due execution of justice, as much as in him lay, to hinder, obstruct, and destroy, on said tenth day of June, at said Portland, under color of his said office as a police officer as aforesaid, a certain sum of money, to wit, the sum of ten dollars, for not instituting proceedings against him, the said Lewis Levi, for having violated the laws against the illegal sale and the illegal keeping of intoxicating liquors as aforesaid, he, the said Dana H. Miles, from the said Lewis Levi, did then and there unlawfully, unjustly, and extorsively accept, receive, and have, against the duties of his said office, to the great hindrance of justice, and against the peace of said state."

Fourth count: "* * * That said Dana H. Miles afterwards, to wit, on the fourteenth day of July, in the year of our Lord one thousand eight hundred and ninety-four, at said Portland, was an officer having power to serve criminal process within said Portland, to wit, a police officer of said Portland, duly and legally appointed and authorized to discharge the duties of that office; that he, the said Dana H. Miles, did then and there, on said fourteenth day of...