State v. Thompson

Full title: STATE OF MAINE vs. CHARLES P. THOMPSON

Court: Supreme Judicial Court of Maine. Penobscot

Date published: Oct 22, 1948

62 A.2d 190 (Me. 1948)

62 A.2d 190

Opinion

Opinion, October 22, 1948.

Criminal Law. Intoxicating Liquor.

Upon indictment for operating motor vehicle while under influence of intoxicating liquor respondent's plea to the jurisdiction and exceptions overruled where in all material respects issues involved, indictment, plea, demurrer and rulings of the court are same as those in State v. Boynton, which opinion is filed simultaneously with this opinion and reported on the preceding pages.

ON EXCEPTIONS.

Trial by indictment for operating motor vehicle while under the influence of intoxicating liquor. Plea to jurisdiction. General demurrer sustained. Plea over, not guilty. Exception. Verdict, guilty. Exceptions overruled. Judgment for state.

John H. Needham, County Attorney for Penobscot, for state.

James D. Maxwell, for respondent.

SITTING: STURGIS, C. J., THAXTER, MURCHIE, TOMPKINS, FELLOWS, MERRILL, JJ.

MERRILL, J.

This case is before the court upon exceptions by the respondent. The respondent was indicted at the January Term, 1948, of the Superior Court for Penobscot County for operating a motor vehicle on June 13, 1947, upon a public way in Brewer while under the influence of intoxicating liquor. To this indictment upon arraignment the respondent filed a plea to the jurisdiction. To this plea the state filed a general demurrer. The demurrer was sustained and the plea overruled; the respondent was ordered to plead over and proceed to trial, to all of which rulings the respondent took exception. The respondent entered a plea of not guilty, was tried and found guilty. The case is before the court on the foregoing exceptions.

In all respects material to the issues involved, the indictment, plea, demurrer and rulings of the court are identical with those in State v. Boynton, 143 Me. 313; 62 A.2d 182. Opinion in which case is simultaneously filed herewith. There is no merit in the respondent's exceptions. State v. Boynton. Extended Opinion is unnecessary. For detailed discussion and statement of the legal principles upon which we base this decision see State v. Boynton, supra. Exceptions overruled.