Supreme Judicial Court of Maine, 1850

State v. Cunningham

State v. Cunningham
Supreme Judicial Court of Maine · Decided July 1, 1850 · Orally, Shepley
31 Me. 355

State v. Cunningham

Opinion of the Court

Shepley, C. J., orally.

There is no positive rule of law, that a jury may not convict upon the unsupported testimony of a particeps criminis. There may be cases, hr which an -omission, by the- Judge, to advise the jury to look with great .suspicion, on such testimony, might be deemed a neglect of duty. Each case has its peculiar circumstances, with reference ■to which the Judge should exercise a sound discretion, in advising the jury.

This case being put upon strict legal right, the

Exceptions are overruled.

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