The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1866-03-24
SUPREME JUDICIAL CoURr.

CRIMINAL TERM-TAPLEY, j., PRESIDING.
FBDAY.-In the case of State VS.. George
W. Harris, for robbery from the person of Mr..
Webster, the evidence was all put in and Mr..
Drummond made the argument for the de-
tense, occupying the Court until the adjourn
ment for dinner. In the afternoon County
Attorney Webb made the argument for the
State, occupying about one hour. Both argu-
ments were able. Judge Tapley gave the ease
to the jury, evidently leaning to the side Of the
accused. The jury were out about half an hour
when they returned into Court prepared 10
render their verdict.
| The accused had not been in Court during
the afternoon, and, therefore, the verdict of
the jury could not be rendered. After wait
ing long time for his appearance, Judge Tap
ley ordered the papers to be taken from the
jury without verdict, the sureties of the
prisoner (who had been out on bail) to be &c
fiulted, and capias to issue against the pris-
oner. 1l9 y .'
John Robb, against whom four indictments
had been found for breaking, entering and
stealing, retracted his former plea of not gull
ty, and pleaded guilty to all of them. SEN
tence on the first Indictment for breaking and
entering and stealing from the office of Irving
w. Parker, was suspended. On the second
Indictment, for breaking and entering and
stealing from the shop OF Jacob Sweetser, he
was sentenced to two years in the State pris-
on. On the third Indictment, for breaking and
entering and stealing from the office of John
Dow, he was sentenced to one year in TIE State
prison. On the fourth Indictment, for break
ing and entering and stealing from the shop of
John McMinneman, he was sentenced to one
year in the State prison.
James Devine, retracted his plea of not gull
ty to an indictment charging him with larceny
Of three pairs of shoes from the shop of An
dew GowelL Two previous convictions hav-
ing been alleged against him, he was sentenc-
ed to five years in the State prison. II ~.
State VS.. James Bradley, Jr., appellant.
This was search and seizure case, appealed
from the Municipal Court, a motion having
been made in the Court below to quash the
complaint on two or three grounds, the prin-
cipal one of which was that the process at the
time it was served did not show the jurisdic
ton of the Court. The statute requires the
oath to be made by three persons before pro-
cess can issue. When the process against
Bradley was issued it contained but the name
of one person. After the process was issued
and when returned into the lower Court it was
amended by the Judge, who added the names
of two other persons who had made oath be-
fore the complaint was issued.
Mr.. A. "A. Strout for the defendant contend
ed that the complaint should be quashed on
the ground that the jurisdiction of the Court
not being shown by the process when it was
issued, it was fatal to the complaint.
Mr.. Webb, County Attorney, contended that
there was no necessity for inserting any names
In the process,of those who made the required
oath. 1t was sufficient if three persons ap-
peared before the Municipal Judge and made
the requisite oath without his inserting the
names. .ttDti tr 19i4G WG-A
Judge Tapley decided that the process, at
the time it was served, did not show the juris-
diction of the Court that issued It, and that
the complaint must be quashed. Complaint
qaashed. N. Webb for State, A. A. Strout for
appellant. arffr....,5. -E 10 .o-f ~