121 Me. 116 | Me. | 1922
The defendant was found guilty of illegally having in possession intoxicating liquors on complaint to the Judge of the Municipal Court for the city of Belfast, and on appeal to the Supreme
The presiding Justice in discharging them spoke disapprovingly of their work as jurymen, clearly indicating that in his opinion their verdict of acquittal was unwarranted. To his remarks directed to the second jury, but, as it is claimed, within the hearing of the jury having in charge the case against this respondent, counsel for the respondent requested an exception, which was allowed.
He also filed with the presiding Justice a motion for a new trial alleging as one of the grounds, that an incident which took place in the presence of the jurors in this action, and the language and manner of the presiding Justice at the time a verdict of “not guilty” was rendered by another jury in another criminal proceeding was of such a nature as to prejudice and bias the minds of the jury in the case against the respondent. His motion for a new trial was denied by the presidiug Justice and the time within which exceptions might be filed extended. Whether any exceptions were ever filed to the ruling of the court in denying the motion, the record before this court does not show. Nor is it material, as no exceptions lie in such cases.
At common law a decision by the presiding Justice at nisi prius, on a motion for a new trial was final. Moulton v. Jose, 25 Maine, 76, 85. The only redress in case of denial in this State is provided in Sec. 28, Chap. 136, R. S., in case of felonies, and that by appeal. In cases of misdemeanor, as in the case at bar, there is no redress. The decision of the Justice presiding at nisi prius is final, and it being a matter within his discretion no exceptions lie to his ruling. State v. Simpson, 113 Maine, 27. Hence, if respondent’s exception to the denial of his motion had been filed and completed, it would not have availed him.
As to his exception to the remarks of the presiding Justice to the other jury. Exceptions only lie to a ruling of the court on matters of law. Laroche v. Despeaux, 90 Maine, 178. Improper remarks by counsel, or by the court in the presence of the jury, unless within the
Exceptions overruled.
Judgment on the verdict.