Supreme Judicial Court of Maine, 1892

State v. Robinson

State v. Robinson
Supreme Judicial Court of Maine · Decided December 1, 1892 · Haskell, Libbey, Peters, Poster, Virgin, Whitehottse
85 Me. 147; 26 A. 1092; 1892 Me. LEXIS 26

State v. Robinson

Opinion of the Court

Haskell, J.

The only exception in this case worthy of consideration is, whether an erroneous date in the caption of an indictment, showing it to have been found in Januaiy, 1891,. instead of January, 1892, as appears from the clerk’s certificate' upon the back of it, is a fatal defect, the offense being charged and proved to have been committed in November, 1891.

It is settled law in Massachusetts that such an error is harmless. Commonwealth v. Hines, 101 Mass. 33 ; Commonwealth v. Smith, 108 Mass. 486 ; Commonwealth v. Brown, 116 Mass. 339. We see no reason why the same doctrine should not be held in this State.

Exceptions overruled.

Peters, C. J., Virgin, Libbey, Poster and Whitehottse, JJ., concurred.

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