Supreme Judicial Court of Maine, 1862

State v. Tozier

State v. Tozier
Supreme Judicial Court of Maine · Decided July 1, 1862 · Davis, Goodenow, Kent, Rice, Tenney
49 Me. 404

State v. Tozier

Opinion of the Court

The opinion of the Court was drawn up by

Rice, J.

The exceptions, as reported, do not bring this case in the line of the conflicting cases of State v. McAllister, 24 Maine, 139, or State v. Upham, 38 Maine, 261. The rule of law, as contended for by the attorney for the State, and approved by the Court, is undoubtedly correct. It does not appear that the attorney or the Court desired the jury to draw any inferences prejudicial to the prisoners, from the fact that they did not ofier testimony of former good character. We, therefore, have no occasion, at this time, to review the cases above cited.

Exceptions overruled.

Judgment on the verdict.

Tenney, C. J., May, Goodenow, Davis and Kent, JJ., concurred.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.