State v. Rainey
| Decision Date | 15 July 1953 |
| Citation | 99 A.2d 78,149 Me. 92 |
| Parties | STATE v. RAINEY. |
| Court | Maine Supreme Court |
Alexander A. LaFleur, Atty. Gen., Edward J. Beauchamp, County Atty., Androscoggin County, Lewiston, for plaintiff.
Benjamin J. Arena and Frederick Keamy, Lewiston, for defendant.
Before MERRILL, C. J., and THAXTER, FELLOWS, NULTY, WILLIAMSON and TIRRELL, JJ.
On exceptions and appeal. At the September 1952 Term of the Superior Court in Androscoggin County the respondent, Samuel Rainey, was arraigned, entered a plea of not guilty, was tried and found guilty of murder upon an indictment charging him with the murder of one Alex Yoksus, alias Alex York. The indictment in this case, except for the fact that it charged the respondent Rainey instead of one Carl R. Chase with the murder, is identical with the indictment against said Chase for the murder of said Yoksus, which indictment is set forth in full in our opinion filed this day in the case of State of Maine v. Chase, Me., 99 A.2d 71. To set forth the indictment herein would serve no useful purpose.
During said term of court, after verdict and before sentence, the respondent filed a motion in arrest of judgment which was denied by the presiding Justice.
The respondent's exception I is to the denial of his motion in arrest of judgment. The motion in arrest of judgment alleged two grounds therefor: (a) The indictment and the matters therein alleged, in the manner and form therein stated are not sufficient in law for any judgment to be rendered thereon. (b) The indictment is bad in that it does not allege a homicide was committed in the perpetration of the crime of robbery or the attempted perpetration of the crime of robbery by an accomplice. As to the latter ground, the respondent in his brief makes the following statement: 'Respondent will not press this part of his exception because there is no merit in it.' In this he arrived at a sound conclusion. The exception to the denial of the motion in arrest of judgment on ground (a) is fully disposed of by our opinion filed this day in the case of State v. Chase. There is no merit in it. Exception I is therefore overruled.
Exception II was to the admission of certain photographs of the body of the deceased. Photographs of a dead body, although gruesome, if accurate are admissible in the discretion of the trial court, and unless there is an abuse of judicial discretion no exception lies thereto. State v. Stuart, 132 Me. 107, 167 A. 550. See also State v. Turmel, 148 Me. 1, 88 A.2d 367. These photographs met the test. There is not the slightest evidence in the case even tending to indicate that there was abuse of discretion on the part of the presiding Justice in the admission of these photographs. Exception II is overruled.
Exception III is as follows:
By a footnote in the record pages 166 to 168 of the transcript are identified as pages 269-272 of the record.
The bill of exceptions standing alone without reading the pages of the record is unintelligible. The testimony objected to was the relation by Captain Wilson of statements made by the respondent relative to the purpose of coming to Maine with Chase with whom he was associated in the robbery and murder of Yoksus. A recital of the four pages of testimony and the running fire of comment by counsel therein with respect thereto would serve no useful purpose. Suffice it to say that we have read the same carefully and there was no error on the part of the court in either receiving the testimony or refusing to strike the same from the record. Exception III is overruled.
Exception IV was to the denial by the presiding Justice of respondent's motion to direct a verdict of not guilty. This motion was made at the close of the State's case. After the denial of the motion, and exception thereto, the respondent did not rest his case but offered himself as a witness, took the stand, and testified in his own behalf. Although counsel for the respondent now states in his brief that he does not press this exception, the failure to rest the case and the introduction of evidence in defense waived the exception. State v. Johnson, 145 Me. 30, 71 A.2d 316; State v. Shortwell, 126 Me. 484, 487, 139 A. 677. Exception IV is dismissed.
After denial of the motion in arrest of judgment and exceptions thereto, the respondent was sentenced to life imprisonment. Thereafterwards, the respondent filed a motion that the verdict be set aside and a new trial granted, alleging therein that the verdict was against the law and the charge of the Justice; that it was against evidence; that it was manifestly against the weight of evidence in the case; and that there was a variance between offense charged in the indictment and evidence adduced at the trial. This motion was denied and the respondent appealed from the denial thereof to this Court.
As will be hereinafter shown, the Justice presiding was without authority to impose sentence pending exceptions to this Court. R.S. (1944) c. 135, § 29. The sentence having been imposed without authority we need not meet the question as to whether or not a motion for a new trial must be filed before sentence. The Justice could not deprive the respondent of his right to file the motion by the unauthorized imposition of sentence.
By considering the motion for a new trial in this case and the appeal therefrom, we do not intimate any opinion as to whether or not in cases not punishable by imprisonment for life, motions for a new trial on the grounds contained in the instant motion must be filed before sentence. That question we reserve for decision if and when a case involving the same be presented to us.
The respondent's appeal from the denial of his motion for a new trial must be dismissed and the motion for the new trial denied.
The indictment in this case charges that the respondent Rainey murdered Alex Yoksus. The evidence discloses that Yoksus was shot and killed by one Carl R. Chase during the progress of an armed robbery. The respondent was indicted, tried, and convicted as one who, although he did not fire the shots which killed Yoksus, was present, aiding, abetting, and assisting Chase in the commission of the robbery, a felony, and who because thereof was a principal in the murder committed by Chase during the commission of the robbery. As we said in State v. Priest, 117 Me. 223, 231, 232, 103 A. 359, 363:
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