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State v. Heselton
1877 Me. LEXIS 110
Me.
1877
Check Treatment
Walton, J.

The plea in abatement is bad for duplicity. It tenders an issue upon at least three separate, distinct and independent propositions of fact. First, it avers that the county of Somerset had not been legally divided into jury districts. Second, that the towns of Anson and Palmyra had in their jury-box more names than the law allows. Third, that in the towns of Madison and St. Albans, no notice of the drawing of the jurors was given. Such a plea is clearly bad. State v. Ward, 68 Maine, 225. State v. Ward, 64 Maine, 545. Bacon’s Abridgment, Abatement, (P). Stephen on Pleading, 253.

Exceptions overruled.

Appleton, C. J., Dickerson, Barrows, Danfokth and Peters, JJ., concurred.

Case Details

Case Name: State v. Heselton
Court Name: Supreme Judicial Court of Maine
Date Published: May 31, 1877
Citation: 1877 Me. LEXIS 110
Court Abbreviation: Me.
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