State v. Stickney
| Decision Date | 31 March 1911 |
| Citation | 108 Me. 136,79 A. 370 |
| Parties | STATE v. STICKNEY. |
| Court | Maine Supreme Court |
Exceptions from Supreme Judicial Court, Kennebec County.
Henry Stickney was convicted of selling intoxicating liquor. The defendant was arrested and arraigned on a warrant issued by the municipal court of the city of Augusta, charging a single sale of intoxicating liquors, and further alleging that "said Stickney has been previously convicted of a single sale of intoxicating liquors in the municipal court of Augusta on the 7th day of January A. D. 1909." Upon conviction in the municipal court, he appealed to the superior court in the same county, where after trial before a jury he was found guilty and sentenced. After sentence, he filed a motion in arrest of judgment. The motion was overruled, and the defendant excepted. Exceptions overruled.
Argued before EMERY, C. J., and WHITEHOUSE, SAVAGE, SPEAR, and CORNISH, JJ.
Fred Emery Beane, County Atty., for the State.
M. E. Sawtelle, for defendant.
The respondent was tried and convicted upon a complaint for a single sale of intoxicating liquor and containing an allegation of a prior conviction of a similar offense. He does not appear to have made any objection before verdict to the sufficiency of that allegation, nor does he appear to have brought the question of its sufficiency to the attention of the court before sentence. After sentence, however, he filed a motion in arrest of judgment upon the ground of the insufficiency of that allegation to warrant the sentence.
The motion cannot be considered. It was filed after judgment, and hence too late. The sentence is the judgment of the court in a criminal case, where there is a conviction. A motion in arrest of judgment is not the remedy for the correction of errors in a sentence. Galeo v. State, 107 Me.——, 78 Atl. 807; State v. Kibling, 63 Vt. 636, 22 Atl. 613; State v. O'Neil, 66 Vt. 356, 29 Atl. 376; Perry v. People, 14 Ill. 496; Territory v. Corbett, 3 Mont. 50; Com. v. Swain, 160 Mass. 354, 35 N. E. 862.
Exceptions overruled.
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Duncan v. State
...is the verdict of guilty and the sentence is the judgment following conviction. State v. Morrill, 105 Me. 207, 73 A. 1091; State v. Stickney, 108 Me. 136, 79 A. 370; State v. Knowles, 98 Me. 429, 57 A. 588; Com. v. Lockwood, 109 Mass. 323. We commonly say that X was convicted when found gui......
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...judgment and sentence. Kercheval v. U. S., 274 U.S. 220, 47 S.Ct. 582, 71 L.Ed. 1009. ‘The sentence is the judgment’. State v. Stickney,108 Me. 136, 79 A. 370, 371. The plea being guilty, there is no ‘issues of fact joined on indictment’ as contemplated by Revised Statutes 1944, Chapter 135......
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...without a Judgment. Sentence is the judgment in a criminal case. Jenness v. State of Maine, 144 Me. 40, 45, 64 A.2d 184; State v. Stickney, 108 Me. 136, 79 A. 370. 'This Court has said many times, the Supreme Judicial Court sitting as a Law Court is of limited jurisdiction. As such, it is a......