State v. Morin
| Decision Date | 03 November 1953 |
| Citation | 100 A.2d 657,149 Me. 279 |
| Parties | STATE v. MORIN. |
| Court | Maine Supreme Court |
Melvin E. Anderson, County Atty., Caribou, for plaintiff.
W. P. Hamilton, Caribou, for defendant.
Before MERRILL, C. J., and THAXTER, FELLOWS, WILLIAMSON, TIRRELL, and WEBBER, JJ.
On appeal. The respondent, Roosevelt Morin, was indicted for the rape of Brenda Zetterman, a female child under the age of 14 years, to wit, of the age of 13 years. The indictment was returned at the April 1953 Term of the Superior Court for the County of Aroostook. Capias was issued, and on the fifth day of the term the respondent was arraigned, pleaded not guilty, and was admitted to bail for his appearance from day to day. He was tried on the seventeenth day of the term. Verdict of guilty was rendered. Written motion for a new trial, alleging that the verdict was (1) against the law, (2) against the evidence, and (3) against the weight of the evidence was filed and denied. The respondent seasonably appealed to this Court. After appeal he was sentenced. The case is now before us on said appeal.
Brenda Zetterman's 14th birthday was November 27, 1952. She gave birth to a child on February 8, 1953. Between the time of his arraignment on the indictment and the date of the trial 12 days later, the respondent married Brenda Zetterman at Andover, in the Province of New Brunswick. Brenda testified that the respondent first spoke to her about marriage a week before the trial. This would be after the indictment and arrest. When the State called Brenda to the witness stand, the respondent's counsel, even before any question was asked, objected to her testifying on the ground that she was the wife of the respondent. This objection was overruled and Brenda was allowed to testify. She testified that she and the respondent, Roosevelt Morin, had sexual intercourse at Thomas Park in New Sweden in April, 1952. If the respondent had sexual intercourse with Brenda while she was under 14 years of age, with or without her consent, he would be guilty of rape. See R.S. 1944, c. 117, § 10.
On appeals from the denial of a motion for a new trial in felony cases, subject to an exception hereinafter discussed, the single question before this Court 'is whether, in view of all the testimony, the jury were warranted in believing beyond a reasonable doubt, and therefore in declaring by their verdict,' that the respondent was guilty as charged. State v. Priest, 117 Me. 223, 227, 103 A. 359, 361; State v. Gross, 130 Me. 161, 163, 154 A. 187; State v. Brewer, 135 Me. 208, 193 A. 834; State v. Smith & Poirier, 140 Me. 44, 47, 33 A.2d 718.
The testimony of Brenda that the respondent had intercourse with her prior to her 14th birthday stands uncontradicted and unchallenged on the record. Counsel for the respondent did not even seek by cross-examination to cast doubt thereon. Cross-examination was waived. Although corroboration of her testimony was not necessary, State v. Newcomb, 146 Me. 173, 78 A.2d 787, 2 Wharton, Cr.Ev. Sec. 916, the conduct of the respondent in marrying Brenda after his indictment and prior to his trial, and his futile attempt to thereby close her mouth as a witness, is significant. The jury were clearly justified in finding that the State had established the guilt of the respondent beyond a reasonable doubt.
The respondent noted numerous exceptions during the course of the trial. The noted exceptions were not preserved by any written bill of exceptions. No bill of exceptions having been presented to and allowed by the Justice presiding at the trial, there are no exceptions before this Court for decision. R.S.1944, c. 94, § 14. We have recently and exhaustively reviewed the authorities and practice with respect to bills of exceptions in Bradford v. Davis, 143 Me. 124, 56 A.2d 68, and in State v. Johnson, 145 Me. 30, 71 A.2d 316. To again review them here would serve no useful purpose.
The respondent, however seeks to review on this appeal rulings of law made by the presiding Justice. He asserts his right to such review on the ground that his motion contains an allegation that the verdict is against the law.
There is, as heretofore noted, an exception to the general rule that the only question before the court on an appeal from the denial of a motion for a new trial is whether in view of all the testimony the jury were warranted in believing beyond a reasonable doubt and therefore in declaring by their verdict that the respondent was guilty as charged. This exception is set forth in State v. Wright, 128 Me. 404, at page 406, 148 A. 141, at page 142, where we said:
This rule stated in State v. Wright,...
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State v. Small
...statements extracted from it, without reference to their connection with what precedes, as well as that which follows. State v. Morin, 1953, 149 Me. 279, 100 A.2d 657; State v. Warner, 1967, Me., 237 A.2d 150, 159. The reference phrase in the charge standing alone, would be open to objectio......
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State v. MacDonald
...by bill of exceptions we apply the doctrine announced in State v. Wright (1929), 128 Me. 404, 148 A. 141 and followed in State v. Morin (1953), 149 Me. 279, 100 A.2d 657; State v. Rand (1960), 156 Me. 81, 161 A.2d 852; State v. Hathaway (1965), 161 Me. 255, 211 A.2d 558 and State v. White (......
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State v. Ernst
...in declaring by their verdict,' that the respondents were guilty as charged.' State v. Priest, 117 Me. 223, 103 A. 359; State v. Morin, 149 Me. 279, 100 A.2d 657. We cannot say that the jury was not warranted in believing beyond a reasonable doubt that the respondent was guilty of Exception......
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State v. Bennett
...363, 364, 117 A. 304, 305. '* * * Although corroboration of her (prosecutrix's) testimony was not necessary * * *.' State v. Morin, 149 Me. 279, 281, 100 A.2d 657, 658. 'Corroboration beyond the testimony of the prosecutrix is not required under our law to prove the crime of rape. In the ab......