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eBook details

• Title: State v. Hudon
• Author : Cumberland Supreme Court of Maine
• Release Date : January 08, 1947
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

The appellant, Ernest Hudon of Freeport, in the county of Cumberland and State of Maine, was indicted by the grand jury for assault with intent to commit rape on one Thelma Collins of Brunswick, in said county of Cumberland. The indictment charges that the assault took place at said Brunswick on the 14th day of September 1945. On trial the respondent pleaded not guilty. Trial was had and a verdict of guilty was returned by the jury. The respondent was sentenced by the presiding justice to a term of ten years in the State Prison. He seasonably moved that the verdict be set aside and a new trial granted for the following reasons: (1) because it is against the law and the charge of the presiding justice; (2) because it is against the evidence; (3) because it is manifestly against the weight of evidence in the case. The presiding justice denied the motion. The respondent took an appeal from the denial of said motion by the presiding justice to the Law Term of the Supreme Judicial Court. There were no exceptions taken to the charge of the presiding justice, and no requested instructions were refused. The errors complained of are now raised for the first time under this appeal. Respondent claims he has not had a fair and impartial trial because the court below erred in delivering a prejudicial charge which amounted to a denial of the respondent's fundamental rights. The respondent is certainly entitled to a fair and impartial trial. Section 6 of Article 1 of the Constitution of this State guarantees him this fundamental right. He complains that the presiding justice in his summation of the testimony placed undue emphasis on the evidence presented by the State, and did not give a proper summation of the evidence presented by the respondent, and gave undue weight to the circumstantial evidence; that the presiding justice gave no definition of reasonable doubt; that in his charge he gave an erroneous instruction to the jury on the law pertaining to the presumption of innocence; that the presiding justice in his charge expressed his opinion upon issues of fact, which is contrary to Sec. 105 of Chap. 100 of the Revised Statutes of Maine.

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