State v. Morrill

• Decision Date: 27 February 1909
• Citation: 105 Me. 207,73 A. 1091
• Parties: STATE v. MORRILL.
• Court: Maine Supreme Court

73 A. 1091

105 Me. 207

STATE

v. MORRILL.

Supreme Judicial Court of Maine.

Feb. 27, 1909.

(Official.)

Exceptions from Supreme Judicial Court, Cumberland County.

Frank Morrill was convicted of felonious assault, and brings exceptions. Exceptions overruled.

The defendant was indicted in the superior court, Cumberland county, for a felonious assault on a woman, and upon trial was found guilty. He then filed a motion for a new trial, which was overruled. He also filed a motion in arrest of judgment, which was also overruled, and to this ruling he excepted. The presiding justice then sentenced the defendant to imprisonment in the state prison for two years, and to the imposition of sentence before his prior exceptions were determined the defendant also excepted.

The case is stated in the opinion.

Rev. St. c. 135, § 20, as amended by Pub. Laws 1905, p. 112, c. 106, reads as follows:

"Sec. 26. Sentence shall be imposed upon convictions, either by verdict or upon demurrer, of a crime which is not punishable by imprisonment for life, although exceptions are alleged. Questions of law may be reserved on a report signed by the presiding justice, and in such case, and where exceptions are allowed, the defendant may, when the offense charged is bailable, recognize with sureties, in such sum as the court orders, with conditions substantially as follows: 'The condition of this recognizance is such that, whereas there is now pending in the — court, within and for the county of —, an indictment against the said — for the offense of —, in the course of the proceedings upon which, questions of law requiring the decision of the justices of the supreme judicial court have arisen; now if said — shall personally appear before said — court, to be held in and for said county, from term to term, until and including the term of said court next after the certificate of decision shall be received from said justices, and shall abide the decision and order of said court, and not depart without license, then this recognizance shall be void.' If he does not so recognize, the court, on request of the defendant upon whom sentence is imposed may allow stay of execution of sentence, in which case commitment shall be to await final decision; otherwise, such commitment shall be in execution of sentence. When a verdict of guilty is rendered against any person for an offense punishable by imprisonment in the state prison, or any person is committed pending decision on report or exceptions, as herein provided, and remains imprisoned after the adjournment of court, he shall be admitted to bail only by the justice trying him, by some person by...