State v. City of Bangor

38 Me. 592

• Court: Supreme Judicial Court of Maine
• Decided: July 1, 1854
• Status: Published

Opinion

Shepley, C. J.

— After verdict a motion was made in arrest of judgment, for a cause not apparent from a record of the case, but requiring proof to be made by the introduction of the record of another case.

A motion in arrest of judgment can be entertained only for matters apparent upon an inspection of the record. Bangor Bank v. Treat, 6 Greenl. 207; Root v. Henry, 6 Mass. 504; Watt's case, 4 Leigh, 672; State v. Heyward, 2 Nott & McCord, 312; Gardner v. The People, 3 Scam. 83; Steward v. The State, 13 S. & M. 573.

It is not therefore necessary to consider, whether the objection would have been effectual, if it had been properly and seasonably presented. Exceptions overruled.

Tenney, Howard and Appleton, J. J., concurred.