Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-12-12

- the court by the enforcement depu-
Ties which went to the supreme court
by appeal. The penalty provided by the
statute is 800 and costs, and in addi-
ton thereto 60 days Imprisonment. BY
the general statutory provision as 10
sentence, Chapter 1856. Section /. how
ever. the court may in its discretion
impose either or both OF these penalties.
Six of the old offenders and nine of
the new offenders received sentence of
s1G0 and costs. No new or old offender
received the alternative sentence of so
days imprisonment, but one old Offend
er received sentence of 800 and costs
and 90 days additional. a mol pros was
entered in eight cases against old and
ii cases against new offenders Seven
teen cases against old and 10 cases
against new offenders were placed on
the special docket Four cases against
old and two cases against new offend
ers stand continued. Had sentences of
fine and imprisonment been imposed in
each case of conviction of old offend
ers. the fines would have amounted to
S2400. besides the costs, and the i'm
prisunmert would have amounted to As
mol tbs. as against $500 and costs and
two months imprisonment actually
imposed.
The punishment for nuisance is fine
not exceeding $1,000 or imprisonment
not exceeding one year. Under Chapter
1a6. Section /, the sentence may be
either or both. In the cases tabulated
all are bound over from the lower
court. probable cause being found
There are &c persons bound over for
nuisance. of whom "a We're old and A.
new Offenders. No indictment was re-
turned by the grand jury against four
old and II new offenders. Mol pros was
entered as to three old and one new
offender. Eight old and five new Of
tenders went on the special docket
Penalties imposed were: Fifty dollars
in case of one old offender; 500 in case
If six Old and II new offenders; $3.50
case of one old offender. this how
ever. being really a fine imposed upon
three joint offenders; $500 On one new
,ffende-. in which case mol pros was
entered in the case of two others
Jointly indicted. In one case sentence
If 500 and four months was imposed
Ipon new offender There was one
sentence Of 50 days against a new Of
,ender, one of two months and one of
four months. There were IS new Offend
RS convicted of nuisance, and taking
fine Of 500 as a minimum for such.
he amount would have been $500.
The amount actually received from
lines was $500. There were l6 old Of
tenders convicted and assuming an av-
erage penalty of $500. the amount
ouli be $1,000. The amount actually
received was 5000
The penalty for being a common sell
Ter is 800 fine and 60 days imprison-
n1ent. Under Chapter 1876. Section I, the
court may impose either fine or i'm
prisonment or both On a second and
every subsequent conviction the penal
ty is 5000 and four months.
There were 10 cases of common seller,
seven against old and three against
new Offenders.
No Indictment was found against two
new offenders, three were sentenced to
pay 800, one to Imprisonment for 80
days. and one was placed on the spe-
cial docket
The three cases against old offenders
" ere all placed on the special docket
There We're three cases of single sale,
all against new offenders. one of which
was moi pressed. and the other two.
both against the same offender. were
defaulted.
The statutory penalty is 500 and 30
days, with provision for $500 and 60
days for subsequent convictions.
Since the question of expense in con-
i'll tI,o ~,
SIGN is frequently urged. it is to be
observed that had the court dealt with
the eases simply by fines, the result
with the minimum and maximum in
each case. taking no account of double
sentences which would have been pos
SIDlc in the common seller cases for
previous convictions, since these were
in no case alleged in the indictments.
would have been as follows:
Convic-
tions. Zine. Amt.
Search and sez-
ure. IS 100 81 SOl
Nuisance. 30 ~ to 1000 1856 to 20 00l
Common seller, 100 500
Thus, treating $50 as being as low as
could reasonably be affixed bv the
court in a nuisance ease, had minimum
sentences been imposed in each case
of conviction the fine would have been:
In search and seizure cases, $3.50
In nuisance cases. So
In common seller cases, Shl
Total sS45n
In search ana SclZur" cases. s., 500
In nuisance ,'IS"S, ~ n1p
In common seller cases, Yr,
Total 81 500