Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1926-10-22
Fundamental Point of Law
Cited in Rescript Dismissing
Appeal of Harry Siddall in
Oxford County Case

That intoxication does not make
innocent an otherwise criminal ace
Is the stand of the law court In
rescript in an oxford county case OF
state VS.. Harry Siddall, which was
drawn by Justice Deasy, and In
which the appeal of the defendant
was dismissed.
The rescript reads:
In order that exceptions may pc
sustained they must contain WITHIN
themselves sufficient to show that
the excepting party was aggrieved
Where in a prosecution for know
ingly transporting intoxicating IL
quor the only exceptions are to tne
following extract from the Judges
charge, to wit: 1.-THE law will not
permit a man to hide behind the
statement L was drunk" and "if he
bought the liquor and put it In his
pocket the fact that he may have
been intoxicated will not excuse the
act" the respondent is not in any
legal sense aggrieved.
Intoxication does not make inno-
cent an otherwise criminal act. The
rulings say no more than this.
In a prosecution for crime. IN
which knowledge or specific intent
are necessary elements, if no sooer
reconciliation be shown inability 10
possess knowledge or harbor intent
is a defense, even though such con-
dition of mental oblivion is produced
by intoxication. But nothing in the
rulings excepted to is at variance
with this principle.
An appeal lies only in cases Of
felony.
Appeal dismissed. Exceptions ov-
erruled. Judgment for the State.
Somerset Case
In the Somerset county cases Of
Pittsfield National Bank VS.. Vera NJ.
Dyer and Royal Insurance Ltd,
Trustee. Pittsield National Bank VS..
Vera NJ. Dyer and Atlas Assurance
Company. Ltd, Trustee, and Pitts
field National Bank VS.. Vera NJ.
Dyer and Niagara Fire Insurance
Company, Trustee, the following re-
script was handed down by Justice
Deasy.
In order to establish a lien upon
an insurance policy or it's proceeds
under r. s. Chap. 53, Sec. 60, mort
gage must show conformity to- the
statute which creates the lien.
Letters which do not, except
do not give the date OF the mortga-
ges nor state when, where or whether
they are recorded, nor give any in
formation as TO the location of the
motgaged premises, nor correctly
state the amount remaining unpaid,
do not conform to the statue which
requires such 'ce to describe the
mortgage, the estate conveyed there
! by and the sum remaining unpaid
thereon"
A mortgage whose lien has not
taken effect for want of sufficient
notice cannot successfully invoke r.
S. Chap. SO, Sec. y as against
another who has established his lien
in the manner provided by law.
When mortgages lien upon the
proceeds of an insurance policy is
established and has taken effect, if
the sum due and payable upon the
mortgage debt at the beginning of
the suit exceeds the lien judgment
should be rendered for such sum.
When, however, no part of the
debt had matured at the date of the
writ Judgment must be limited to
what is found due from said Gin
surance) company not exceeding Of
course the total amount of the prin-
cipal defendants obligation.
To advance by enactment subse-
quent to its date the time of pay
ment fixed by contract would i'm
pair its obligation. Not SO, however,
where the statutory enactment pre-
cedes the making of the contract.
The statute reads itself into the con-
tract and becomes part of it
A trustee is chargeable with inter-
est whenever he receives interest, or
when he has expressly promised to
pay interest, but not when it is re-
coverable simply as damages.
First case-Trustee charged for
$4,000 Judgement for the plaintiff
for $4,000.
Second case-Trustee charged for
S110O. Judgement for the plaintiff
for S11O0
Third case-Trustee charged for
$1100 Judgement for the plaintiff for
$1100.